Appendix F1 Section 106 Consulting Parties

Correspondence
F1-1 June 2021

Appendix F1: Section 106 Consulting Parties

Table F1-1

Summary of Section 106 Consulting Parties Correspondence

Date Organization(s) Subject

July 3, 2020

New York State Historic 

Preservation Office (at New York 

State Office of Parks, Recreation 

and Historic Preservation) 

(NYSHPO)

Letter from FRA, initiating Section 106 review

and requesting review of APE Memo and 

preliminary list of entities to be invited to 

participate as consulting parties

July 29, 2020

Delaware Nation; Delaware Tribe; 

Delaware Tribe of Indians, 

Oklahoma; Stockbridge-Munsee 

Community of Mohican Indians of 

Wisconsin; Shinnecock Indian 

Nation

Letter from FRA to Tribes, invitation to 

participate in Section 106 consultation

July 30, 2020

Delaware Nation; Delaware Tribe; 

Delaware Tribe of Indians, 

Oklahoma; Stockbridge-Munsee 

Community of Mohican Indians of 

Wisconsin; Shinnecock Indian 

Nation

Email from FRA to Tribes, invitation to 

participate in Section 106 consultation

July 30, 2020 Stockbridge-Munsee Community 

of Mohican Indians of Wisconsin

Email from Tribe to FRA, accepting consulting 

parties status

August 3, 2020 NYSHPO Letter from NYSHPO to FRA, concurring with 

proposed APE and list of consulting parties

August 6, 2020 Invited Consulting Parties [See list

below]

Letter and email from FRA, invitation to 

participate in Section 106 review as consulting 

parties

August 10, 2020 Amtrak Email from Amtrak to FRA, accepting 

consulting parties status

August 17, 2020

Invited Consulting Parties [See list

below] and Delaware Nation; 

Delaware Tribe; Delaware Tribe of 

Indians, Oklahoma; StockbridgeMunsee Community of Mohican 

Indians of Wisconsin; Shinnecock 

Indian Nation

Email from FRA, circulating APE Memo

September 21, 2020 Invited Consulting Parties [See list 

below]

Email from FRA, reiteration of invitation to 

participate in Section 106 review as consulting 

parties

September 22, 2020 NYCLPC Email from NYCLPC to FRA, accepting 

consulting parties status

September 23, 2020 ACHP Email from ACHP to FRA, no decision on 

participation as consulting party at this time
June 2021 F1-2 

Table F1-1

Summary of Section 106 Consulting Parties Correspondence

Date Organization(s) Subject

October 15, 2020

NYSHPO, NYCLPC, StockbridgeMunsee Community of Mohican 

Indians of Wisconsin, Amtrak 

Letter from FRA to NYSHPO and consulting 

parties, circulation of Historic Architectural 

Resources Background Study and effects 

determination, request for review and comment

November 13, 2020 NYSHPO 

Letter from NYSHPO to FRA, non-concurrence 

with effects determination and request for 

additional information

December 12, 2020 NYCLPC Letter from NYCLPC, response to APE Memo

January 12, 2021

NYSHPO, NYCLPC StockbridgeMunsee Community of Mohican 

Indians of Wisconsin, Amtrak

Letter from FRA to NYSHPO, determination of 

No Adverse Effect with Conditions, request for 

review and comment

February 11, 2021 NYSHPO 

Letter from NYSHPO to FRA, concurrence with 

determination of No Adverse Effect with 

Conditions

February 12, 2021 NYCLPC

Letter from NYCLPC to FRA, concurrence with 

determination of No Adverse Effect with 

Conditions

February 18, 2021

Stockbridge-Munsee Community 

of Mohican Indians of Wisconsin, 

Amtrak

Email from FRA to consulting parties, noting 

end of comment period

February 25, 2021 NYC Parks Email from NYC Parks to FRA, consulting party 

request

March 1, 2021 NYC Parks

Email from FRA to NYC Parks, determination 

of No Adverse Effect with Conditions, request 

for review and comment

March 3, 2021 NYC Parks Email from FRA to NYC Parks, consulting 

parties materials circulation

F1.1 LIST OF INVITED CONSULTING PARTIES

• Advisory Council on Historic Preservation

• Amtrak* 

• Delaware Nation

• Delaware Tribe

• Delaware Tribe of Indians, Oklahoma

• Stockbridge-Munsee Community of Mohican Indians of Wisconsin* 

• Shinnecock Indian Nation

• Eastern Delaware Nation

• Eastern Lenape Nation of Pennsylvania

• New York City Landmarks Preservation Commission* 

• New York City Department of Parks and Recreation* 

• Hudson River Park Trust

• Friends of the High Line

• Society for Industrial Archaeology

• Professional Archaeologists of New York City
Appendix F1: Section 106 Consulting Parties

F1-3 June 2021

• Anthracite Railroads Historical Society

• National Railway Historical Society

• Railway & Locomotive Historical Society

• Tri-State Railway Historical Society, Inc.

* = Organization accepted the invitation to be a Section 106 Consulting Party (in addition, the New 

York State Historic Preservation Office [at New York State Office of Parks, Recreation, and Historic 

Preservation] [NYSHPO] participated in the Section 106 consultation process)
U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

July 29, 2020 

Ms. Nekole Alligood 

Cultural Preservation Director 

Delaware Nation 

PO Box 825 

31064 State Hwy 281 

Anadarko, OK 73005 

Copy To: Erin Thompson-Paden and Dana Kelly 

Re: Government-to-Government Consultation with Native American Tribal 

Governments pursuant to Section 106 of the National Historic Preservation Act 

Western Rail Yard Infrastructure Project, New York County, New York 

Dear Ms. Nekole Alligood: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.1

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

 

1 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (SHPO), the New York City Landmarks Preservation Commission 

(LPC), and other appropriate New York City and New York State agencies, in accordance with 

local, state, and federal environmental planning requirements, as described below. 

The Platform and mixed-use development (Overbuild) were reviewed in accordance with Section 

14.09 of the New York State Parks, Recreation and Historic Preservation Law during the State 

Environmental Quality Review Act (SEQRA) and City Environmental Quality Review (CEQR) 

process in 2009 for the Western Rail Yard Project in 2009 (08PR03724, 08PR04116) in the 2009 

Western Rail Yard Project Final Environmental Impact Statement (2009 SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 
Western Rail Yard Infrastructure Project 3

included Section 106 reviews.2 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance as well as the likelihood of initial resource deposition. 

Similarly, for the concrete casing, FRA determined, and SHPO concurred, the undertaking would 

have no adverse effect on historic properties, including archaeological resources, provided that 

construction monitoring of the High Line would occur per the New York City Building Code 

Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical maps of the study 

area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR FEIS, the 2004 

FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to approximately 1850 was 

further east than the location of the present project site. Furthermore, the project area has 

previously been subject to extensive ground disturbance for construction of the Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500‐1508), 23 U.S.C. §139, and 

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite you to participate in Section 106 consultation. FRA is available for formal Governmentto-Government consultation at your request, and we invite you to meet with FRA representatives 

for the purpose of sharing information and establishing protocols for ongoing communication as 

the Project is advanced. FRA will continue to be available for consultation with your Tribe and 

will ensure you are kept informed as the Project progresses and new information becomes 

available. 

Through consultation, we hope to understand any concerns you may have regarding the Project’s 

potential effects to historic properties of traditional or cultural significance to your Tribe, and 

provide an opportunity for your participation in the process of identifying cultural resources, 

assessing Project effects on those resources, and resolving any adverse effects. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

 

2 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 4

If you have any questions regarding the Project or are interested in participating in consultation, 

please contact me at laura.shick@dot.gov or (202) 366-0340. You may also respond via mail; 

however, FRA staff are only periodically able to check mail delivered to the USDOT headquarters 

building while we are working remotely. 

Sincerely, 

Laura Shick 

Supervisory Environmental Protection Specialist 

Office of Railroad Policy and Development 

Enclosures 
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U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

July 29, 2020 

Ms. Erin Thompson-Paden 

Director of Preservation 

Delaware Nation 

31064 State Highway 281 

Anadarko, OK 73005 

Copy To: Nekole Alligood and Dana Kelly 

Re: Government-to-Government Consultation with Native American Tribal 

Governments pursuant to Section 106 of the National Historic Preservation Act 

Western Rail Yard Infrastructure Project, New York County, New York 

Dear Ms. Erin Thompson-Paden: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.1

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

 

1 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

The purpose of the Project is to 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. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (SHPO), the New York City Landmarks Preservation Commission 

(LPC), and other appropriate New York City and New York State agencies, in accordance with 

local, state, and federal environmental planning requirements, as described below. 

The Platform and mixed-use development (Overbuild) were reviewed in accordance with Section 

14.09 of the New York State Parks, Recreation and Historic Preservation Law during the State 

Environmental Quality Review Act (SEQRA) and City Environmental Quality Review (CEQR) 

process in 2009 for the Western Rail Yard Project in 2009 (08PR03724, 08PR04116) in the 2009 

Western Rail Yard Project Final Environmental Impact Statement (2009 SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 
Western Rail Yard Infrastructure Project 3

included Section 106 reviews.2 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance as well as the likelihood of initial resource deposition. 

Similarly, for the concrete casing, FRA determined, and SHPO concurred, the undertaking would 

have no adverse effect on historic properties, including archaeological resources, provided that 

construction monitoring of the High Line would occur per the New York City Building Code 

Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical maps of the study 

area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR FEIS, the 2004 

FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to approximately 1850 was 

further east than the location of the present project site. Furthermore, the project area has 

previously been subject to extensive ground disturbance for construction of the Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500‐1508), 23 U.S.C. §139, and 

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite you to participate in Section 106 consultation. FRA is available for formal Governmentto-Government consultation at your request, and we invite you to meet with FRA representatives 

for the purpose of sharing information and establishing protocols for ongoing communication as 

the Project is advanced. FRA will continue to be available for consultation with your Tribe and 

will ensure you are kept informed as the Project progresses and new information becomes 

available. 

Through consultation, we hope to understand any concerns you may have regarding the Project’s 

potential effects to historic properties of traditional or cultural significance to your Tribe, and 

provide an opportunity for your participation in the process of identifying cultural resources, 

assessing Project effects on those resources, and resolving any adverse effects. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

 

2 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 4

If you have any questions regarding the Project or are interested in participating in consultation, 

please contact me at laura.shick@dot.gov or (202) 366-0340. You may also respond via mail; 

however, FRA staff are only periodically able to check mail delivered to the USDOT headquarters 

building while we are working remotely. 

Sincerely, 

Laura Shick 

Supervisory Environmental Protection Specialist 

Office of Railroad Policy and Development 

Enclosures 
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U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

July 29, 2020 

Chief Chester Brooks 

Delaware Tribe of Indians, Oklahoma 

Delaware Tribal Headquarters 

5100 Tuxedo Blvd. 

Bartlesville, OK 74006 

Copy To: Brice Obermeyer and Susan Bachor 

Re: Government-to-Government Consultation with Native American Tribal 

Governments pursuant to Section 106 of the National Historic Preservation Act 

Western Rail Yard Infrastructure Project, New York County, New York 

Dear Chief Chester Brooks: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.1

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

 

1 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

The purpose of the Project is to 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. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (SHPO), the New York City Landmarks Preservation Commission 

(LPC), and other appropriate New York City and New York State agencies, in accordance with 

local, state, and federal environmental planning requirements, as described below. 

The Platform and mixed-use development (Overbuild) were reviewed in accordance with Section 

14.09 of the New York State Parks, Recreation and Historic Preservation Law during the State 

Environmental Quality Review Act (SEQRA) and City Environmental Quality Review (CEQR) 

process in 2009 for the Western Rail Yard Project in 2009 (08PR03724, 08PR04116) in the 2009 

Western Rail Yard Project Final Environmental Impact Statement (2009 SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 
Western Rail Yard Infrastructure Project 3

included Section 106 reviews.2 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance as well as the likelihood of initial resource deposition. 

Similarly, for the concrete casing, FRA determined, and SHPO concurred, the undertaking would 

have no adverse effect on historic properties, including archaeological resources, provided that 

construction monitoring of the High Line would occur per the New York City Building Code 

Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical maps of the study 

area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR FEIS, the 2004 

FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to approximately 1850 was 

further east than the location of the present project site. Furthermore, the project area has 

previously been subject to extensive ground disturbance for construction of the Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500‐1508), 23 U.S.C. §139, and 

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite you to participate in Section 106 consultation. FRA is available for formal Governmentto-Government consultation at your request, and we invite you to meet with FRA representatives 

for the purpose of sharing information and establishing protocols for ongoing communication as 

the Project is advanced. FRA will continue to be available for consultation with your Tribe and 

will ensure you are kept informed as the Project progresses and new information becomes 

available. 

Through consultation, we hope to understand any concerns you may have regarding the Project’s 

potential effects to historic properties of traditional or cultural significance to your Tribe, and 

provide an opportunity for your participation in the process of identifying cultural resources, 

assessing Project effects on those resources, and resolving any adverse effects. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

 

2 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 4

If you have any questions regarding the Project or are interested in participating in consultation, 

please contact me at laura.shick@dot.gov or (202) 366-0340. You may also respond via mail; 

however, FRA staff are only periodically able to check mail delivered to the USDOT headquarters 

building while we are working remotely. 

Sincerely, 

Laura Shick 

Supervisory Environmental Protection Specialist 

Office of Railroad Policy and Development 

Enclosures 
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U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

July 29, 2020 

Dr. Brice Obermeyer 

Delaware Tribe of Indians 

Delaware Tribe Historic Preservation Office 

Roosevelt Hall, Rm 212 

1200 Commercial Street 

Emporia, Kansas 66801 

Copy To: Chief Chester Brooks and Susan Bachor 

Re: Government-to-Government Consultation with Native American Tribal 

Governments pursuant to Section 106 of the National Historic Preservation Act 

Western Rail Yard Infrastructure Project, New York County, New York 

Dear Dr. Brice Obermeyer: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.1

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

 

1 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (SHPO), the New York City Landmarks Preservation Commission 

(LPC), and other appropriate New York City and New York State agencies, in accordance with 

local, state, and federal environmental planning requirements, as described below. 

The Platform and mixed-use development (Overbuild) were reviewed in accordance with Section 

14.09 of the New York State Parks, Recreation and Historic Preservation Law during the State 

Environmental Quality Review Act (SEQRA) and City Environmental Quality Review (CEQR) 

process in 2009 for the Western Rail Yard Project in 2009 (08PR03724, 08PR04116) in the 2009 

Western Rail Yard Project Final Environmental Impact Statement (2009 SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 
Western Rail Yard Infrastructure Project 3

included Section 106 reviews.2 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance as well as the likelihood of initial resource deposition. 

Similarly, for the concrete casing, FRA determined, and SHPO concurred, the undertaking would 

have no adverse effect on historic properties, including archaeological resources, provided that 

construction monitoring of the High Line would occur per the New York City Building Code 

Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical maps of the study 

area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR FEIS, the 2004 

FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to approximately 1850 was 

further east than the location of the present project site. Furthermore, the project area has 

previously been subject to extensive ground disturbance for construction of the Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500‐1508), 23 U.S.C. §139, and 

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite you to participate in Section 106 consultation. FRA is available for formal Governmentto-Government consultation at your request, and we invite you to meet with FRA representatives 

for the purpose of sharing information and establishing protocols for ongoing communication as 

the Project is advanced. FRA will continue to be available for consultation with your Tribe and 

will ensure you are kept informed as the Project progresses and new information becomes 

available. 

Through consultation, we hope to understand any concerns you may have regarding the Project’s 

potential effects to historic properties of traditional or cultural significance to your Tribe, and 

provide an opportunity for your participation in the process of identifying cultural resources, 

assessing Project effects on those resources, and resolving any adverse effects. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

 

2 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 4

If you have any questions regarding the Project or are interested in participating in consultation, 

please contact me at laura.shick@dot.gov or (202) 366-0340. You may also respond via mail; 

however, FRA staff are only periodically able to check mail delivered to the USDOT headquarters 

building while we are working remotely. 

Sincerely, 

Laura Shick 

Supervisory Environmental Protection Specialist 

Office of Railroad Policy and Development 

Enclosures 
)6%40/

3*7&3

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U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

July 29, 2020 

Mr. David Martine 

Tribal Historic Preservation Officer 

Shinnecock Indian Nation 

Cultural Resources Department 

P.O. Box 5006 

Southampton, New York 11969-5006 

Copy To: Council of Trustees and Josephine Smith 

Re: Government-to-Government Consultation with Native American Tribal 

Governments pursuant to Section 106 of the National Historic Preservation Act 

Western Rail Yard Infrastructure Project, New York County, New York 

Dear Mr. David Martine: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.1

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

 

1 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (SHPO), the New York City Landmarks Preservation Commission 

(LPC), and other appropriate New York City and New York State agencies, in accordance with 

local, state, and federal environmental planning requirements, as described below. 

The Platform and mixed-use development (Overbuild) were reviewed in accordance with Section 

14.09 of the New York State Parks, Recreation and Historic Preservation Law during the State 

Environmental Quality Review Act (SEQRA) and City Environmental Quality Review (CEQR) 

process in 2009 for the Western Rail Yard Project in 2009 (08PR03724, 08PR04116) in the 2009 

Western Rail Yard Project Final Environmental Impact Statement (2009 SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 
Western Rail Yard Infrastructure Project 3

included Section 106 reviews.2 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance as well as the likelihood of initial resource deposition. 

Similarly, for the concrete casing, FRA determined, and SHPO concurred, the undertaking would 

have no adverse effect on historic properties, including archaeological resources, provided that 

construction monitoring of the High Line would occur per the New York City Building Code 

Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical maps of the study 

area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR FEIS, the 2004 

FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to approximately 1850 was 

further east than the location of the present project site. Furthermore, the project area has 

previously been subject to extensive ground disturbance for construction of the Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500‐1508), 23 U.S.C. §139, and 

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite you to participate in Section 106 consultation. FRA is available for formal Governmentto-Government consultation at your request, and we invite you to meet with FRA representatives 

for the purpose of sharing information and establishing protocols for ongoing communication as 

the Project is advanced. FRA will continue to be available for consultation with your Tribe and 

will ensure you are kept informed as the Project progresses and new information becomes 

available. 

Through consultation, we hope to understand any concerns you may have regarding the Project’s 

potential effects to historic properties of traditional or cultural significance to your Tribe, and 

provide an opportunity for your participation in the process of identifying cultural resources, 

assessing Project effects on those resources, and resolving any adverse effects. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

 

2 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 4

If you have any questions regarding the Project or are interested in participating in consultation, 

please contact me at laura.shick@dot.gov or (202) 366-0340. You may also respond via mail; 

however, FRA staff are only periodically able to check mail delivered to the USDOT headquarters 

building while we are working remotely. 

Sincerely, 

Laura Shick 

Supervisory Environmental Protection Specialist 

Office of Railroad Policy and Development 

Enclosures 
)6%40/

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U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

July 29, 2020 

Bryan Polite, Daniel S. Collins, Sr., Eugene Cuffee, II, Trustees 

Shinnecock Indian Nation 

Shinnecock Indian Nation Tribal Office 

P.O. Box 5006 

Southampton, NY 11969-5006 

Copy To: David Martine and Josephine Smith 

Re: Government-to-Government Consultation with Native American Tribal 

Governments pursuant to Section 106 of the National Historic Preservation Act 

Western Rail Yard Infrastructure Project, New York County, New York 

Dear Bryan Polite, Daniel S. Collins, Sr., Eugene Cuffee, II, Trustees: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.1

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

 

1 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

The purpose of the Project is to 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. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (SHPO), the New York City Landmarks Preservation Commission 

(LPC), and other appropriate New York City and New York State agencies, in accordance with 

local, state, and federal environmental planning requirements, as described below. 

The Platform and mixed-use development (Overbuild) were reviewed in accordance with Section 

14.09 of the New York State Parks, Recreation and Historic Preservation Law during the State 

Environmental Quality Review Act (SEQRA) and City Environmental Quality Review (CEQR) 

process in 2009 for the Western Rail Yard Project in 2009 (08PR03724, 08PR04116) in the 2009 

Western Rail Yard Project Final Environmental Impact Statement (2009 SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 
Western Rail Yard Infrastructure Project 3

included Section 106 reviews.2 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance as well as the likelihood of initial resource deposition. 

Similarly, for the concrete casing, FRA determined, and SHPO concurred, the undertaking would 

have no adverse effect on historic properties, including archaeological resources, provided that 

construction monitoring of the High Line would occur per the New York City Building Code 

Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical maps of the study 

area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR FEIS, the 2004 

FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to approximately 1850 was 

further east than the location of the present project site. Furthermore, the project area has 

previously been subject to extensive ground disturbance for construction of the Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500‐1508), 23 U.S.C. §139, and 

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite you to participate in Section 106 consultation. FRA is available for formal Governmentto-Government consultation at your request, and we invite you to meet with FRA representatives 

for the purpose of sharing information and establishing protocols for ongoing communication as 

the Project is advanced. FRA will continue to be available for consultation with your Tribe and 

will ensure you are kept informed as the Project progresses and new information becomes 

available. 

Through consultation, we hope to understand any concerns you may have regarding the Project’s 

potential effects to historic properties of traditional or cultural significance to your Tribe, and 

provide an opportunity for your participation in the process of identifying cultural resources, 

assessing Project effects on those resources, and resolving any adverse effects. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

 

2 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 4

If you have any questions regarding the Project or are interested in participating in consultation, 

please contact me at laura.shick@dot.gov or (202) 366-0340. You may also respond via mail; 

however, FRA staff are only periodically able to check mail delivered to the USDOT headquarters 

building while we are working remotely. 

Sincerely, 

Laura Shick 

Supervisory Environmental Protection Specialist 

Office of Railroad Policy and Development 

Enclosures 
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U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

July 29, 2020 

Mr. Nathan Allison 

Tribal Historic Preservation Officer 

Stockbridge-Munsee Community Band of Mohicans 

Tribal Historic Preservation Office – New York Office 

65 1st Street 

Troy, New York 12180 

Copy To: Shannon Holsey and Bonney Hartley 

Re: Government-to-Government Consultation with Native American Tribal 

Governments pursuant to Section 106 of the National Historic Preservation Act 

Western Rail Yard Infrastructure Project, New York County, New York 

Dear Mr. Nathan Allison: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.1

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

 

1 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (SHPO), the New York City Landmarks Preservation Commission 

(LPC), and other appropriate New York City and New York State agencies, in accordance with 

local, state, and federal environmental planning requirements, as described below. 

The Platform and mixed-use development (Overbuild) were reviewed in accordance with Section 

14.09 of the New York State Parks, Recreation and Historic Preservation Law during the State 

Environmental Quality Review Act (SEQRA) and City Environmental Quality Review (CEQR) 

process in 2009 for the Western Rail Yard Project in 2009 (08PR03724, 08PR04116) in the 2009 

Western Rail Yard Project Final Environmental Impact Statement (2009 SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 
Western Rail Yard Infrastructure Project 3

included Section 106 reviews.2 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance as well as the likelihood of initial resource deposition. 

Similarly, for the concrete casing, FRA determined, and SHPO concurred, the undertaking would 

have no adverse effect on historic properties, including archaeological resources, provided that 

construction monitoring of the High Line would occur per the New York City Building Code 

Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical maps of the study 

area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR FEIS, the 2004 

FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to approximately 1850 was 

further east than the location of the present project site. Furthermore, the project area has 

previously been subject to extensive ground disturbance for construction of the Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500‐1508), 23 U.S.C. §139, and 

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite you to participate in Section 106 consultation. FRA is available for formal Governmentto-Government consultation at your request, and we invite you to meet with FRA representatives 

for the purpose of sharing information and establishing protocols for ongoing communication as 

the Project is advanced. FRA will continue to be available for consultation with your Tribe and 

will ensure you are kept informed as the Project progresses and new information becomes 

available. 

Through consultation, we hope to understand any concerns you may have regarding the Project’s 

potential effects to historic properties of traditional or cultural significance to your Tribe, and 

provide an opportunity for your participation in the process of identifying cultural resources, 

assessing Project effects on those resources, and resolving any adverse effects. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

 

2 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 4

If you have any questions regarding the Project or are interested in participating in consultation, 

please contact me at laura.shick@dot.gov or (202) 366-0340. You may also respond via mail; 

however, FRA staff are only periodically able to check mail delivered to the USDOT headquarters 

building while we are working remotely. 

Sincerely, 

Laura Shick 

Supervisory Environmental Protection Specialist 

Office of Railroad Policy and Development 

Enclosures 
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U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

July 29, 2020 

President Shannon Holsey 

Stockbridge-Munsee Community of Mohican Indians of Wisconsin 

N8476 MoHeConNuck Road 

Bowler, WI 54416 

Copy To: Nathan Allison and Bonney Hartley 

Re: Government-to-Government Consultation with Native American Tribal 

Governments pursuant to Section 106 of the National Historic Preservation Act 

Western Rail Yard Infrastructure Project, New York County, New York 

Dear President Shannon Holsey: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.1

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to cover and protect the active railroad tracks and LIRR support 

 

1 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

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. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (SHPO), the New York City Landmarks Preservation Commission 

(LPC), and other appropriate New York City and New York State agencies, in accordance with 

local, state, and federal environmental planning requirements, as described below. 

The Platform and mixed-use development (Overbuild) were reviewed in accordance with Section 

14.09 of the New York State Parks, Recreation and Historic Preservation Law during the State 

Environmental Quality Review Act (SEQRA) and City Environmental Quality Review (CEQR) 

process in 2009 for the Western Rail Yard Project in 2009 (08PR03724, 08PR04116) in the 2009 

Western Rail Yard Project Final Environmental Impact Statement (2009 SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 
Western Rail Yard Infrastructure Project 3

included Section 106 reviews.2 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance as well as the likelihood of initial resource deposition. 

Similarly, for the concrete casing, FRA determined, and SHPO concurred, the undertaking would 

have no adverse effect on historic properties, including archaeological resources, provided that 

construction monitoring of the High Line would occur per the New York City Building Code 

Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical maps of the study 

area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR FEIS, the 2004 

FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to approximately 1850 was 

further east than the location of the present project site. Furthermore, the project area has 

previously been subject to extensive ground disturbance for construction of the Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500‐1508), 23 U.S.C. §139, and 

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite you to participate in Section 106 consultation. FRA is available for formal Governmentto-Government consultation at your request, and we invite you to meet with FRA representatives 

for the purpose of sharing information and establishing protocols for ongoing communication as 

the Project is advanced. FRA will continue to be available for consultation with your Tribe and 

will ensure you are kept informed as the Project progresses and new information becomes 

available. 

Through consultation, we hope to understand any concerns you may have regarding the Project’s 

potential effects to historic properties of traditional or cultural significance to your Tribe, and 

provide an opportunity for your participation in the process of identifying cultural resources, 

assessing Project effects on those resources, and resolving any adverse effects. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

 

2 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 4

If you have any questions regarding the Project or are interested in participating in consultation, 

please contact me at laura.shick@dot.gov or (202) 366-0340. You may also respond via mail; 

however, FRA staff are only periodically able to check mail delivered to the USDOT headquarters 

building while we are working remotely. 

Sincerely, 

Laura Shick 

Supervisory Environmental Protection Specialist 

Office of Railroad Policy and Development 

Enclosures 
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1 July 3, 2020 

Western Rail Yard Platform Project

Section 106 Documentation

Proposed Area of Potential Effects (APE)

 July 3, 2020 

A. PROJECT OVERVIEW AND BACKGROUND 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a joint 

venture (the Project Sponsor) to seek Federal financial assistance through the Railroad Rehabilitation and 

Improvement Financing (RRIF) Program, which is administered by the U.S. Department of Transportation 

(DOT) Build America Bureau (Bureau). The Federal Railroad Administration (FRA) is the lead agency 

preparing the environmental impact statement (EIS) to ensure compliance with the National Environmental 

Policy Act of 1969 (NEPA) and other environmental laws. The Project Sponsor has expressed an interest 

in seeking financial assistance provided by the Bureau to fund the construction of a Platform and a Tunnel 

Encasement 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”) (Block 676, Lot 3) in New York County (Manhattan), New York (Figure 1). The Proposed Action 

would include: (1) a structural Platform (Platform); and (2) a railroad right-of-way preservation Tunnel 

Encasement (Tunnel Encasement) (the “Proposed Action”, also referred to here as the “Project”) to allow 

for privately-funded mixed-use development and public open space above the Platform as described below. 

The two components of the Project have previously been reviewed in accordance with local, state, and 

federal environmental planning requirements as follows: 

 The Platform and mixed-use development (Overbuild) were reviewed in accordance with Section 14.09 

of the New York State Parks, Recreation and Historic Preservation Law during the State Environmental 

Quality Review Act (SEQRA) and City Environmental Quality Review (CEQR) review for the Western 

Rail Yard Project (08PR03724, 08PR04116) in the 2009 Western Rail Yard Project Final 

Environmental Impact Statement (2009 SEQRA/CEQR FEIS). As part of that evaluation, New York 

State Office of Parks, Recreation and Historic Preservation (SHPO) determined that construction near 

and around the High Line in Western Rail Yard is appropriate (since historically buildings have been 

located in this manner) subject to the stipulations in a Letter of Resolution developed with MTA and 

the New York City Planning Commission. For archaeological resources, the 2009 SEQRA/CEQR FEIS 

relied on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS, which concluded that the 

Western Rail Yard was not sensitive for archaeological resources. In a comment letter dated April 29, 

2009, SHPO confirmed it had no further archaeological concerns with the Western Rail Yard Project. 

The Overbuild was approved in 2009 by the New York City Planning Commission 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 Tunnel Encasement is the third and westernmost segment of the entire right-of-way preservation 

concrete casing that previously underwent environmental reviews1

 led by FRA, which included reviews 

 

1 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson 

Yards, New York, New York. (FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental 

Environmental Assessment for Construction of a Concrete Casing Extension in the Hudson Yards, New York, New 

York. (FRA and Amtrak. November 2014).
HUDSON

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Data source: NYS ITS GIS Program Offce; NYS Digital Orthoimagery Program (NYSDOP), 201 8 Imagery

Project Site (Western Rail Yard)

Area of Potential Effects (see accompanying APE Memo)

Hudson Yards

Approximate Terra Firma Area

Proposed Platform

Existing Concrete Encasement

Proposed Tunnel Encasement

Existing High Line Park (Remains Unaltered)
Western Rail Yard Platform Proposed Area of Potential Effects (APE) 

2 July 3, 2020 

in accordance with Section 106 of the National Historic Preservation Act of 1966 (as amended). In a 

letter dated April 1, 2013, SHPO confirmed the agency had no archaeological concerns regarding the 

concrete encasement. In a letter datedc July 22, 2014, SHPO concurred with FRA’s determination that 

the undertaking would have no adverse effects on historic properties provided that construction 

monitoring of the High Line would occur per the New York City Building Code Technical Policy and 

Procedure Notice #10/88 (14PRO2712). 

As described in the Notice of Intent (Federal Register [June 15, 2020/Vol. 85, No. 115), the purpose of the 

Proposed Action is to 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. The purpose of the Tunnel 

Encasement is to 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. 

FRA is coordinating the NEPA process for the Project with compliance with Section 106 of the National 

Historic Preservation Act (Section 106). FRA intends to identify a Preferred Alternative for the Project in 

the Draft EIS. The Project, which is also the undertaking for purposes of Section 106, would include the 

following major components: 

PLATFORM COMPONENT

 Construction of a 425,000 square foot (9.8 acre) structural platform on the Western Rail Yard site, to 

be supported by approximately four hundred (400) caissons drilled up to 120 feet deep into bedrock 

below. The Platform would serve as the support for the as-of-right Overbuild of approximately 5.7 

million gross square feet of new commercial, residential, and school uses and public open space. 

 Installation of life safety and mechanical, electrical and plumbing support services for the Western Rail 

Yard, including new lighting, sprinklers and an extensive platform ventilation system, which would be 

integrated into the system for the Eastern Rail Yard site, across Eleventh Avenue. 

 Reconstruction and upgrades to other LIRR support services including existing emergency electrical 

equipment, approximately 20,000 square feet of railroad staff facilities and rail car cleaning services. 

At its northern end, the Western Rail Yard contains a 12-car cleaning platform used to service and clean 

railroad equipment that is currently not in use because operations were moved offsite before 

construction of the adjacent Eastern Rail Yard. The cleaning platform and three LIRR service buildings 

on the western edge of the Western Rail Yard will be demolished to allow for the Platform construction. 

These structures have been built since the rail yard was reconstructed in 1986 and are not historic. Once 

construction of the Platform is completed, the cleaning platform will be reconstructed in its former 

location. Interim service buildings will be constructed on the western portion of the terra firma (at 

grade solid ground) site, adjacent Twelfth Avenue; LIRR’s security fence would be extended around 

the interim service buildings site and would be controlled by LIRR. The service buildings will be 

reconstructed in approximately the same footprint, and in accordance with LIRR program requirements. 

The service buildings will be designed to comply with applicable codes for an enclosed rail yard, New 

York State Building Code requirements, and to meet accessibility requirements. 

TUNNEL ENCASEMENT COMPONENT (RAILROAD RIGHT-OF-WAY PRESERVATION)

 The Tunnel Encasement would be an extension of the existing concrete casing, and would extend from 

Eleventh Avenue to 30th Street, to preserve railroad right-of-way through the southern portion of the 

Western Rail Yard site. This segment of Tunnel Encasement would connect to the recently constructed 

underground right-of-way preservation concrete casing, which begins just east of Tenth Avenue 
Western Rail Yard Platform Proposed Area of Potential Effects (APE) 

3 July 3, 2020 

(between 30th and 32nd Streets), runs beneath the Eastern Rail Yard, and terminates at the eastern edge 

of Eleventh Avenue just north of 30th Street (completed in 2015). The Tunnel Encasement would be 

605 feet long, between 50 and 65 feet wide and between 27 and 38 feet high beneath Western Rail 

Yard. This Tunnel Encasement would be constructed through a terra firma portion of the Western Rail 

Yard site that will not be covered by the new platform. The Tunnel Encasement would originate at the 

western end of the underground concrete casing in the Eastern Rail Yard, extend under the Eleventh 

Avenue viaduct, and continue diagonally across approximately two-thirds of the Western Rail Yard, 

underneath a portion of the High Line2

, and end at 30th Street. 

B. DEVELOPMENT OF THE AREA OF POTENTIAL EFFECTS 

Section 106 of the National Historic Preservation Act requires Federal agencies to consider the effects on 

historic properties of projects they carry out, assist, fund, permit, or approve. If a federal or federallyassisted project has the potential to affect historic properties, a Section 106 review is required. Federal 

agencies carry out their Section 106 obligations according to the regulations issued by the Advisory Council 

on Historic Preservation at 36 CFR Part 800. Section 106 is a four-step decision-making process; one 

required step is to define the Area of Potential Effects (APE), which is “the geographic area or areas within 

which an undertaking may directly or indirectly cause alterations in the character or use of historic 

properties, if such properties exist” (36 CFR § 800.16[d]). Historic properties are buildings, structures, sites, 

objects, or districts that are listed in or eligible for listing in the National Register of Historic Places 

(NRHP). The APE is influenced by the scale and nature of an undertaking. 

The proposed APE described herein and depicted in Figure 1 has been developed by FRA to account for 

potential effects of the Project on historic properties, based on the conceptual design for the Project 

available at this time. In general, potential effects on historic properties can include demolition, physical 

alteration, or damage, including effects caused by vibration; isolation of a historic property from its 

surrounding environment; and the introduction of visual, audible, or atmospheric (e.g., pollutants) elements 

that are out of character with a historic property or that alter its historic setting and context.3

 Effects may 

include reasonably foreseeable effects caused or enabled by the Project that may occur later in time, be 

farther removed in distance, or be cumulative with other effects from other projects. Adverse effects can 

occur when a project may alter any of the characteristics of a historic property that qualify the property for 

inclusion in the National Register of Historic Places (NRHP) in a manner that would diminish the integrity 

of the property's location, design, setting, materials, workmanship, feeling, or association. 

FRA anticipates that the following types of construction activities and permanent features would be 

necessary for the Project: 

PLATFORM COMPONENT

 Construction of a 425,000 square foot (9.8 acre) structural platform, including new lighting, sprinklers 

and an extensive platform ventilation system, to be supported by hundreds of caissons drilled up to 120 

feet deep into bedrock below; 

 Reconstruction and upgrades to other LIRR support services including existing emergency electrical 

equipment, approximately 20,000 square feet of railroad staff facilities and rail car cleaning services. 

 

2 The High Line is an historic elevated former freight rail line, which has been converted into a public aerial linear park 

and greenway. The High Line was determined eligible for listing on the State and National Registers of Historic 

Places in 2004.

3 National Register Bulletin, Defining Boundaries for National Register Properties, prepared by the National Park

Service.
Western Rail Yard Platform Proposed Area of Potential Effects (APE) 

4 July 3, 2020 

At its northern end, Western Rail Yard contains a 12-car cleaning platform used to service and clean 

railroad equipment. The cleaning platform, and service buildings, will be demolished to allow for the 

Platform construction, and will be reconstructed as part of the Project, as described above. The interim 

service buildings will be constructed on the western portion of the terra firma site, adjacent Twelfth 

Avenue. 

 Construction staging areas for the construction of the Platform (most staging is planned to occur on the 

Project site; possibly extending into some adjacent sidewalks and parking lanes during certain phases 

of construction). No off-site staging is anticipated. 

TUNNEL ENCASEMENT COMPONENT

 Excavation of approximately 66,000 cubic yards of soil and 14,000 cubic yards of rock for the 

construction of the Tunnel Encasement for the preservation of rail right-of-way. The volumes of soil 

and rock to be excavated have been estimated by Amtrak based on the Tunnel Encasement design; these 

volumes will be more precisely determined during the bid process for procuring the Tunnel Encasement 

construction contractor. 

 Demolition of LIRR’s Emergency Services Building (ESB) (a structure that primarily houses utility 

infrastructure) in the Western Rail Yard, temporary relocation of ESB functions, and reconstruction of 

the building following completion of the Tunnel Encasement. The temporary ESB functions will be 

located in the southeast corner of the Western Rail Yard on a small portion of existing elevated concrete 

(at street level to maximize flood protection). This relocation will provide redundant fire water sourcing 

to the yard, eliminating the need for the existing secondary water tank and fire pump room. Therefore, 

the interim emergency services facility will function essentially as a substation for emergency facility 

(not train) power and communications. 

 Temporary underpinning of the High Line. Temporary underpinning may be required where the Tunnel 

Encasement would cross beneath a portion of the High Line that runs along West 30th Street between 

Eleventh and Twelfth Avenues. This work will include approximately 280 feet of underpinning and resupport onto new foundations of either total (both) columns or partial (one) columns, as described in 

more detail below. The westernmost 80 feet of underpinning on 30th Street will re-support columns of 

the High Line that would require re-support for the Hudson Tunnel mining approach. 

 Construction staging areas for the construction of the Tunnel Encasement. Most staging is planned to 

occur on the Project site; possibly extending into some adjacent sidewalks and parking lanes during 

certain phases of construction. No off-site staging is anticipated. 

In addition, the privately-funded Overbuild, which would be enabled by the Project, includes 5.7 million 

gross square feet of residential, commercial, school, and open space uses on top of the Platform and on the 

terra firma portion of the Western Rail Yard site. Construction of the Overbuild would introduce new, 

permanent visual components on the Western Rail Yard site. 

The proposed APE for the Project is discussed in greater detail below. Existing conditions in the proposed 

APE are depicted in Figures 2 through 5. 

C. DESCRIPTION OF THE PROPOSED AREA OF POTENTIAL EFFECTS 

The proposed APE (depicted in red-and-white dash in Figure 1) encompasses the area 800 feet in all 

directions from the Western Rail Yard site boundary (depicted in yellow in Figure 1). The proposed APE 

takes into account construction-related effects as well as the visibility of permanent above-grade Project 

components, including the proposed Platform and Tunnel Encasement. The proposed APE also accounts 

for the potential indirect effects of the Overbuild. The proposed APE encompasses a sufficiently large area 
6.15.20

Figure 2

View south from West 34th Street and Eleventh Avenue 2

View south from West 34th Street and Hudson Boulevard East 1

Photographs of Proposed APE

WESTERN RAIL YARD INFRASTRUCTURE PROJECT Source: AKRF Source: AKRF
6.15.20

Figure 3

Photographs of Proposed APE

WESTERN RAIL YARD INFRASTRUCTURE PROJECT

View southeast from northern end of High Line, near 

Twelfth Avenue and West 34th Street

3

Eleventh Avenue, view north from West 30th Street 4

South side of West 30th Street, west of Eleventh Avenue 5

Source: AKRF Source: AKRF Source: AKRF
6.15.20

Figure 4

Photographs of Proposed APE

WESTERN RAIL YARD INFRASTRUCTURE PROJECT

West 30th Street, view west from Eleventh Avenue 6

View east toward project site, from Route 9A at West 30th Street 7

North side of West 29th Street, west of Eleventh Avenue 8

Source: AKRF Source: AKRF Source: AKRF
6.15.20

Figure 5

Photographs of Proposed APE

WESTERN RAIL YARD INFRASTRUCTURE PROJECT

View southeast from High Line, from roughly 

West 31st Street

9

Eleventh Avenue looking north from near West 33rd Street 10

Route 9A, looking north from near West 33rd Street 11

Source: AKRF Source: AKRF Source: AKRF
Western Rail Yard Platform Proposed Area of Potential Effects (APE) 

5 July 3, 2020 

to account for permanent visual impacts of the Project. The APE takes into consideration topography, 

vegetation, and the existing built environment that diminish sight lines. Field reconnaissance conducted by 

AKRF and information provided by the Project Sponsor regarding the characteristics of the Project 

components were utilized to help define the proposed APE. The analysis of potential effects to belowground (archaeological) resources will be limited to the area of anticipated ground disturbance, which is 

within the Western Rail Yard site boundary. 

The proposed APE for the Project is consistent with the APE developed for the 2009 SEQRA/CEQR FEIS 

for the Western Rail Yard site, and encompasses the smaller APE developed for FRA’s previous evaluation 

of the entire right-of-way preservation concrete encasement (of which the Tunnel Encasement is the 

westernmost third segment, as described above). 

PLATFORM COMPONENT 

Potential effects as a result of construction of the Platform are included in the proposed APE. Construction 

effects could include noise and vibration effects to nearby architectural resources from construction 

activities, including heavy truck movements. The Platform development would involve subsurface ground 

disturbance on the site, which could directly impact archaeological resources if any are present. Once 

constructed, the Platform would not introduce any permanent visual components; it would be covered by 

the privately-funded, as-of-right Overbuild (described above). 

TUNNEL ENCASEMENT COMPONENT

Construction of the railroad right-of-way preservation Tunnel Encasement is included in the proposed APE. 

Construction effects could include noise and vibration effects to nearby architectural resources from 

construction activities, including heavy truck movements. Construction of the Tunnel Encasement would 

involve subsurface ground disturbance on the site, which could directly impact archaeological resources if 

any are present. Once constructed, the Tunnel Encasement would not introduce any permanent visual

components above grade. 

CONSTRUCTION STAGING AREAS 

The proposed APE includes the construction staging areas for the Platform and the Tunnel Encasement. 

At-grade and subsurface ground disturbance would occur in these areas, which could directly impact 

archaeological resources if any are present. The construction staging areas would not have permanent visual

impacts. Therefore, the potential for construction-related impacts for these two Project components would 

be limited to a 100-foot buffer around the Western Rail Yard site boundary, that falls within the 800-foot 

APE. 

UNDERPINNING OF STRUCTURES 

Underpinning, which consists of the re-supporting of the below-grade foundations of an existing building

or structure on new foundations, may be required beneath the High Line where the Tunnel Encasement 

would cross beneath a portion of the High Line that runs along West 30th Street between Eleventh and 

Twelfth Avenues. In general, beams will be installed across the proposed open cut (one on each side of the 

columns), the High Line columns will be supported on those beams utilizing brackets mounted to the 

columns, new foundations will be built down to the concrete casing roof of other new deep foundations, 

and support of the High Line will be transferred onto these new, permanent foundations.4

 Underpinning 

 

4

 In accordance with High Line Park’s easement to utilize the rail structure, which states that the original rail 

use must be able to be restored, the underpinning for permanent re-support of the High Line incorporates 

full historic rail live loading, which is significantly greater than the current park use. 
Western Rail Yard Platform Proposed Area of Potential Effects (APE) 

6 July 3, 2020 

the High Line would not have permanent visible impacts. The potential for construction-related impacts for 

this work, which could occur as a result of vibration from construction activities, falling debris, and/or 

inadvertent damage caused by heavy machinery, among other things, would be limited to a 100-foot buffer 

around the portions of the High Line to be underpinned, that falls within the 800-foot APE. 
7/30/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=47adec7ef4&view=pt&search=all&permthid=thread-f%3A1673671005255126960%7Cmsg-f%3A16736710052551... 1/1

Rebecca Kriss <rkriss@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

WRY Project <WRYProject@dot.gov> Thu, Jul 30, 2020 at 3:24 PM

To: "nalligood@delawarenation.com" <nalligood@delawarenation.com>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Jennifer Morris <jmorris@akrf.com>,

Rebecca Kriss <rkriss@akrf.com>, "epaden@delawarenation-nsn.gov" <epaden@delawarenation-nsn.gov>,

"dkelly@delawarenation-nsn.gov" <dkelly@delawarenation-nsn.gov>, WRY Project <WRYProject@dot.gov>

Dear Ms. Alligood,

Please find the attached correspondence from the Federal Railroad Administration regarding Government-to-Government

Consultation pursuant to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure

Project in New York County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Becky Blatnica

Becky Blatnica, AICP

Environmental Protection Specialist | Environmental Science and Engineering Division, V-326

Volpe, The National Transportation Systems Center | U.S. Department of Transportation

55 Broadway, Cambridge MA 02142 | Web: www.volpe.dot.gov   

Office: 617-494-2147 | Fax: 617-494-2789 | Cell: 857-600-6265 | Email: rebecca.blatnica@dot.gov

Advancing transportation innovation for the public good

2020_07_29_Delaware Nation_Alligood.pdf

5551K
7/30/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=47adec7ef4&view=pt&search=all&permthid=thread-f%3A1673670963846820250%7Cmsg-f%3A16736709638468... 1/1

Rebecca Kriss <rkriss@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

WRY Project <WRYProject@dot.gov> Thu, Jul 30, 2020 at 3:23 PM

To: "epaden@delawarenation-nsn.gov" <epaden@delawarenation-nsn.gov>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Jennifer Morris <jmorris@akrf.com>,

Rebecca Kriss <rkriss@akrf.com>, WRY Project <WRYProject@dot.gov>, "nalligood@delawarenation.com"

<nalligood@delawarenation.com>, "dkelly@delawarenation-nsn.gov" <dkelly@delawarenation-nsn.gov>

Dear Ms. Thomas-Paden,

Please find the attached correspondence from the Federal Railroad Administration regarding Government-to-Government

Consultation pursuant to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure

Project in New York County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Becky Blatnica

Becky Blatnica, AICP

Environmental Protection Specialist | Environmental Science and Engineering Division, V-326

Volpe, The National Transportation Systems Center | U.S. Department of Transportation

55 Broadway, Cambridge MA 02142 | Web: www.volpe.dot.gov   

Office: 617-494-2147 | Fax: 617-494-2789 | Cell: 857-600-6265 | Email: rebecca.blatnica@dot.gov

Advancing transportation innovation for the public good

2020_07_29_Delaware Nation_Thompson-Paden.pdf

5545K
7/30/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=47adec7ef4&view=pt&search=all&permthid=thread-f%3A1673670918734850056%7Cmsg-f%3A16736709187348... 1/1

Rebecca Kriss <rkriss@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

WRY Project <WRYProject@dot.gov> Thu, Jul 30, 2020 at 3:22 PM

To: "bobermeyer@delawaretribe.org" <bobermeyer@delawaretribe.org>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Jennifer Morris <jmorris@akrf.com>,

Rebecca Kriss <rkriss@akrf.com>, WRY Project <WRYProject@dot.gov>, "cbrooks@delawaretribe.org"

<cbrooks@delawaretribe.org>, "temple@delawaretribe.org" <temple@delawaretribe.org>

Dear Dr. Obermeyer,

Please find the attached correspondence from the Federal Railroad Administration regarding Government-to-Government

Consultation pursuant to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure

Project in New York County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Becky Blatnica

Becky Blatnica, AICP

Environmental Protection Specialist | Environmental Science and Engineering Division, V-326

Volpe, The National Transportation Systems Center | U.S. Department of Transportation

55 Broadway, Cambridge MA 02142 | Web: www.volpe.dot.gov   

Office: 617-494-2147 | Fax: 617-494-2789 | Cell: 857-600-6265 | Email: rebecca.blatnica@dot.gov

Advancing transportation innovation for the public good

2020_07_29_Delaware Tribe_Obermeyer.pdf

5545K
7/30/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=47adec7ef4&view=pt&search=all&permthid=thread-f%3A1673670733867063880%7Cmsg-f%3A16736707338670... 1/1

Rebecca Kriss <rkriss@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

WRY Project <WRYProject@dot.gov> Thu, Jul 30, 2020 at 3:19 PM

To: "DavidMartine@shinnecock.org" <DavidMartine@shinnecock.org>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Jennifer Morris <jmorris@akrf.com>,

Rebecca Kriss <rkriss@akrf.com>, WRY Project <WRYProject@dot.gov>, "counciloftrustees@shinnecock.org"

<counciloftrustees@shinnecock.org>, "josephinesmith@shinnecock.org" <josephinesmith@shinnecock.org>

Dear Mr. Martine,

Please find the attached correspondence from the Federal Railroad Administration regarding Government-to-Government

Consultation pursuant to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure

Project in New York County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Becky Blatnica

Becky Blatnica, AICP

Environmental Protection Specialist | Environmental Science and Engineering Division, V-326

Volpe, The National Transportation Systems Center | U.S. Department of Transportation

55 Broadway, Cambridge MA 02142 | Web: www.volpe.dot.gov   

Office: 617-494-2147 | Fax: 617-494-2789 | Cell: 857-600-6265 | Email: rebecca.blatnica@dot.gov

Advancing transportation innovation for the public good

2020_07_29_Shinnecock Indian Nation_Martine.pdf

5545K
7/30/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=47adec7ef4&view=pt&search=all&permthid=thread-f%3A1673670684269985605%7Cmsg-f%3A16736706842699... 1/1

Rebecca Kriss <rkriss@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

WRY Project <WRYProject@dot.gov> Thu, Jul 30, 2020 at 3:19 PM

To: "counciloftrustees@shinnecock.org" <counciloftrustees@shinnecock.org>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Jennifer Morris <jmorris@akrf.com>,

Rebecca Kriss <rkriss@akrf.com>, WRY Project <WRYProject@dot.gov>, "josephinesmith@shinnecock.org"

<josephinesmith@shinnecock.org>, "DavidMartine@shinnecock.org" <DavidMartine@shinnecock.org>

Dear Mr. Polite, Mr. Collins, and Mr. Cuffee, Trustees,

Please find the attached correspondence from the Federal Railroad Administration regarding Government-to-Government

Consultation pursuant to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure

Project in New York County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Becky Blatnica

Becky Blatnica, AICP

Environmental Protection Specialist | Environmental Science and Engineering Division, V-326

Volpe, The National Transportation Systems Center | U.S. Department of Transportation

55 Broadway, Cambridge MA 02142 | Web: www.volpe.dot.gov   

Office: 617-494-2147 | Fax: 617-494-2789 | Cell: 857-600-6265 | Email: rebecca.blatnica@dot.gov

Advancing transportation innovation for the public good

2020_07_29_Shinnecock Indian Nation_Trustees.pdf

5546K
7/30/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=47adec7ef4&view=pt&search=all&permthid=thread-f%3A1673670778006037443%7Cmsg-f%3A16736707780060... 1/1

Rebecca Kriss <rkriss@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

WRY Project <WRYProject@dot.gov> Thu, Jul 30, 2020 at 3:20 PM

To: "shannon.holsey@mohican-nsn.gov" <shannon.holsey@mohican-nsn.gov>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Jennifer Morris <jmorris@akrf.com>,

Rebecca Kriss <rkriss@akrf.com>, WRY Project <WRYProject@dot.gov>, "bonney.hartley@mohican-nsn.gov"

<bonney.hartley@mohican-nsn.gov>, "nathan.allison@mohican-nsn.gov" <nathan.allison@mohican-nsn.gov>

Dear President Holsey,

Please find the attached correspondence from the Federal Railroad Administration regarding Government-to-Government

Consultation pursuant to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure

Project in New York County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Becky Blatnica

Becky Blatnica, AICP

Environmental Protection Specialist | Environmental Science and Engineering Division, V-326

Volpe, The National Transportation Systems Center | U.S. Department of Transportation

55 Broadway, Cambridge MA 02142 | Web: www.volpe.dot.gov   

Office: 617-494-2147 | Fax: 617-494-2789 | Cell: 857-600-6265 | Email: rebecca.blatnica@dot.gov

Advancing transportation innovation for the public good

2020_07_29_Stockbridge-Munsee Community of Mohican Indians of Wisconsin_Holsey.pdf

5551K
7/30/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=47adec7ef4&view=pt&search=all&permthid=thread-f%3A1673670827044405706%7Cmsg-f%3A16736708270444... 1/1

Rebecca Kriss <rkriss@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

WRY Project <WRYProject@dot.gov> Thu, Jul 30, 2020 at 3:21 PM

To: "nathan.allison@mohican-nsn.gov" <nathan.allison@mohican-nsn.gov>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Jennifer Morris <jmorris@akrf.com>,

Rebecca Kriss <rkriss@akrf.com>, WRY Project <WRYProject@dot.gov>, "shannon.holsey@mohican-nsn.gov"

<shannon.holsey@mohican-nsn.gov>, "bonney.hartley@mohican-nsn.gov" <bonney.hartley@mohican-nsn.gov>

Dear Mr. Allison,

Please find the attached correspondence from the Federal Railroad Administration regarding Government-to-Government

Consultation pursuant to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure

Project in New York County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Becky Blatnica

Becky Blatnica, AICP

Environmental Protection Specialist | Environmental Science and Engineering Division, V-326

Volpe, The National Transportation Systems Center | U.S. Department of Transportation

55 Broadway, Cambridge MA 02142 | Web: www.volpe.dot.gov   

Office: 617-494-2147 | Fax: 617-494-2789 | Cell: 857-600-6265 | Email: rebecca.blatnica@dot.gov

Advancing transportation innovation for the public good

2020_07_29_Stockbridge-Munsee Community of Mohican Indians of Wisconsin_Allison.pdf

5551K
8/10/2020 AKRF Mail - RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1673670778128618731%7Cmsg-f%3A16736757804284... 1/2

Jennifer Morris <jmorris@akrf.com>

RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

Nathan Allison <nathan.allison@mohican-nsn.gov> Thu, Jul 30, 2020 at 4:40 PM

To: WRY Project <WRYProject@dot.gov>, Shannon Holsey <Shannon.Holsey@mohican-nsn.gov>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Jennifer Morris <jmorris@akrf.com>, Rebecca

Kriss <rkriss@akrf.com>, Bonney Hartley <Bonney.Hartley@mohican-nsn.gov>

Ms. Shick,

Good afternoon. Thank you for requesting comments from the Stockbridge-Munsee Community Tribal Historic Preservation

Office. We have received both requests associated with the proposed Western Rail Yard Infrastructure Project. In accordance

with Section 106 of the National Historic Preservation Act, the SMC THPO will review the document and respond back shortly

with comments, if any we should have.

Since January I am the point-of-contact for all Section 106/NEPA reviews as well as state and local consultation requests. Ms.

Hartley has transitioned to focus on NAGPRA and repatriation concerns for the Tribe. Future correspondence and consultation

requests can be directed to me. Please see my contact information below for your records. We do ask that all consultation

requests and associated documents be submitted electronically via email.

Please let me know should you have any questions.

Best,

Nathan

________________________________________

Nathan Allison

Tribal Historic Preservation Officer & Archaeologist

Stockbridge-Munsee Mohican Tribal Historic Preservation

Extension Office

65 1st Street

Troy, NY 12180

(518) 244-6891

nathan.allison@mohican-nsn.gov

www.mohican-nsn.gov

*Hours of Operation Update: Mon.-Thur. 7 am -5:30 pm*
8/10/2020 AKRF Mail - RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1673670778128618731%7Cmsg-f%3A16736757804284... 2/2

From: WRY Project <WRYProject@dot.gov> 

Sent: Thursday, July 30, 2020 3:21 PM

To: Shannon Holsey <Shannon.Holsey@mohican-nsn.gov>

Cc: Shick, Laura (FRA) <Laura.Shick@dot.gov>; Nathan Riddle <nriddle@akrf.com>; Jennifer Morris <jmorris@akrf.com>;

Rebecca Kriss <rkriss@akrf.com>; WRY Project <WRYProject@dot.gov>; Bonney Hartley <Bonney.Hartley@mohican-nsn.gov>;

Nathan Allison <nathan.allison@mohican-nsn.gov>

Subject: Section 106 Consultation - Western Rail Yard Infrastructure Project

Dear President Holsey,

Please find the attached correspondence from the Federal Railroad Administration regarding Government-to-Government

Consultation pursuant to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in

New York County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Becky Blatnica

Becky Blatnica, AICP

Environmental Protection Specialist | Environmental Science and Engineering Division, V-326

Volpe, The National Transportation Systems Center | U.S. Department of Transportation

55 Broadway, Cambridge MA 02142 | Web: www.volpe.dot.gov   

Office: 617-494-2147 | Fax: 617-494-2789 | Cell: 857-600-6265 | Email: rebecca.blatnica@dot.gov

Advancing transportation innovation for the public good
8/7/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=534c40d2fd&view=pt&search=all&permmsgid=msg-f%3A1674324181732275840&dsqt=1&simpl=msg-f%3A16743... 1/1

Keri Cibelli <kcibelli@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

Jennifer Morris <jmorris@akrf.com> Thu, Aug 6, 2020 at 8:25 PM

To: jloichinger@achp.gov

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>,

WRY Project <WRYProject@dot.gov>, Stephen Holley <sholley@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, "Poole, Andrea

(FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

Dear Ms. Loichinger:

Please find the attached correspondence from the Federal Railroad Administration regarding Consulting Parties pursuant

to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in New York

County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

2020-08-06_ACHP_Loichinger.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Ms. Jaime Loichinger 

Assistant Director, Federal Permitting, Licensing, and Assistance Section 

Advisory Council on Historic Preservation 

401 F Street NW, Suite 308 

Washington, DC 20001 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Ms. Jaime Loichinger: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.3

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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 

3 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

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

ventilation system. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects 

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (NY SHPO), the New York City Landmarks Preservation 

Commission (LPC), and other appropriate New York City and New York State agencies, in 

accordance with local, state, and federal environmental planning requirements, as described below. 

The proposed Platform and mixed-use development (Overbuild) were reviewed in 2009 in 

accordance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation 

Law during the State Environmental Quality Review Act (SEQRA) and City Environmental 

Quality Review (CEQR) process for the Western Rail Yard Project (08PR03724, 08PR04116) as 

documented in the Western Rail Yard Project Final Environmental Impact Statement (2009 

SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 

included Section 106 reviews.4

 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

4 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete 

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 3

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance, as well as the likelihood of initial resource 

deposition. Similarly, for the concrete casing, FRA determined, and NY SHPO concurred, the 

undertaking would have no adverse effect on historic properties, including archaeological 

resources, provided that construction monitoring of the High Line would occur per the New York 

City Building Code Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical 

maps of the study area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR 

FEIS, the 2004 FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to 

approximately 1850 was further east than the location of the present project site. Furthermore, the 

project area has previously been subject to extensive ground disturbance from construction of the 

Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ86&DQG

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. In its 

response to FRA dated August 3, 2020, NY SHPO indicated that it concurs with FRA’s proposed 

Area of Potential Effects (APE), and noted that it has no archaeological concerns with the proposed 

undertaking. The Project APE is described in Figure 1. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite your organization to participate in consultation pursuant to Section 106. As a consulting 

party, you will have an opportunity to share your views regarding the potential effects of the 

Project on historic properties; to receive, review, and comment on Section 106-related documents; 

and to offer and consider possible solutions to resolve any adverse effects together with FRA, NY 

SHPO, and other consulting parties. Information you may wish to share regarding potential historic 

properties in the APE or issues to be considered in the Section 106 process is welcome, particularly 

regarding changes in the built environment since 2009 and 2013/2014. If you do not respond to 

this invitation, you may request consulting party status in the future; however, the Project will 

advance and you may not have an opportunity to comment on previous steps in the Section 106 

process. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

If you have any questions regarding the Project or wish to be a Section 106 consulting party, please 

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail 

Yard Infrastructure Project. 
Western Rail Yard Infrastructure Project   4

Sincerely,

Laura Shick 

Supervisory Environmental Protection Specialist

Office of Railroad Policy and Development 

Enclosures 
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8/7/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=534c40d2fd&view=pt&search=all&permmsgid=msg-f%3A1674324361784458961&dsqt=1&simpl=msg-f%3A16743... 1/1

Keri Cibelli <kcibelli@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

Jennifer Morris <jmorris@akrf.com> Thu, Aug 6, 2020 at 8:28 PM

To: sstokely@achp.gov

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>,

WRY Project <WRYProject@dot.gov>, Stephen Holley <sholley@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, "Poole, Andrea

(FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

Dear Ms. Stokely:

Please find the attached correspondence from the Federal Railroad Administration regarding Consulting Parties pursuant

to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in New York

County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

2020-08-06_ACHP_Stokely.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Ms. Sarah Stokely 

FRA Liaison, Federal Permitting, Licensing, and Assistance Section 

Advisory Council on Historic Preservation 

1100 Pennsylvania Avenue NW 

Washington, DC 20004 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Ms. Sarah Stokely: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.5

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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 

5 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

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

ventilation system. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects 

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (NY SHPO), the New York City Landmarks Preservation 

Commission (LPC), and other appropriate New York City and New York State agencies, in 

accordance with local, state, and federal environmental planning requirements, as described below. 

The proposed Platform and mixed-use development (Overbuild) were reviewed in 2009 in 

accordance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation 

Law during the State Environmental Quality Review Act (SEQRA) and City Environmental 

Quality Review (CEQR) process for the Western Rail Yard Project (08PR03724, 08PR04116) as 

documented in the Western Rail Yard Project Final Environmental Impact Statement (2009 

SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 

included Section 106 reviews.6

 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

6 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete 

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 3

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance, as well as the likelihood of initial resource 

deposition. Similarly, for the concrete casing, FRA determined, and NY SHPO concurred, the 

undertaking would have no adverse effect on historic properties, including archaeological 

resources, provided that construction monitoring of the High Line would occur per the New York 

City Building Code Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical 

maps of the study area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR 

FEIS, the 2004 FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to 

approximately 1850 was further east than the location of the present project site. Furthermore, the 

project area has previously been subject to extensive ground disturbance from construction of the 

Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ86&DQG

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. In its 

response to FRA dated August 3, 2020, NY SHPO indicated that it concurs with FRA’s proposed 

Area of Potential Effects (APE), and noted that it has no archaeological concerns with the proposed 

undertaking. The Project APE is described in Figure 1. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite your organization to participate in consultation pursuant to Section 106. As a consulting 

party, you will have an opportunity to share your views regarding the potential effects of the 

Project on historic properties; to receive, review, and comment on Section 106-related documents; 

and to offer and consider possible solutions to resolve any adverse effects together with FRA, NY 

SHPO, and other consulting parties. Information you may wish to share regarding potential historic 

properties in the APE or issues to be considered in the Section 106 process is welcome, particularly 

regarding changes in the built environment since 2009 and 2013/2014. If you do not respond to 

this invitation, you may request consulting party status in the future; however, the Project will 

advance and you may not have an opportunity to comment on previous steps in the Section 106 

process. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

If you have any questions regarding the Project or wish to be a Section 106 consulting party, please 

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail 

Yard Infrastructure Project. 
Western Rail Yard Infrastructure Project   4

Sincerely,

Laura Shick 

Supervisory Environmental Protection Specialist

Office of Railroad Policy and Development 

Enclosures 
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8/7/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=534c40d2fd&view=pt&search=all&permmsgid=msg-f%3A1674324081600588736&simpl=msg-f%3A16743240816... 1/1

Keri Cibelli <kcibelli@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

Jennifer Morris <jmorris@akrf.com> Thu, Aug 6, 2020 at 8:23 PM

To: johnette.davies@amtrak.com

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>,

WRY Project <WRYProject@dot.gov>, Stephen Holley <sholley@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, "Poole, Andrea

(FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

Dear Ms. Davies:

Please find the attached correspondence from the Federal Railroad Administration regarding Consulting Parties pursuant

to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in New York

County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

2020-08-06_Amtrak_Davies.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Ms. Johnette Davies 

Senior Historic Preservation Specialist 

Amtrak 30th Street Station 

2955 Market Street, Mailbox 55 

Philadelphia, PA 19104 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Ms. Johnette Davies: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.1

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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 

1 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

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

ventilation system. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects 

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (NY SHPO), the New York City Landmarks Preservation 

Commission (LPC), and other appropriate New York City and New York State agencies, in 

accordance with local, state, and federal environmental planning requirements, as described below. 

The proposed Platform and mixed-use development (Overbuild) were reviewed in 2009 in 

accordance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation 

Law during the State Environmental Quality Review Act (SEQRA) and City Environmental 

Quality Review (CEQR) process for the Western Rail Yard Project (08PR03724, 08PR04116) as 

documented in the Western Rail Yard Project Final Environmental Impact Statement (2009 

SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 

included Section 106 reviews.2

 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

2 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete 

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 3

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance, as well as the likelihood of initial resource 

deposition. Similarly, for the concrete casing, FRA determined, and NY SHPO concurred, the 

undertaking would have no adverse effect on historic properties, including archaeological 

resources, provided that construction monitoring of the High Line would occur per the New York 

City Building Code Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical 

maps of the study area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR 

FEIS, the 2004 FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to 

approximately 1850 was further east than the location of the present project site. Furthermore, the 

project area has previously been subject to extensive ground disturbance from construction of the 

Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ86&DQG

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. In its 

response to FRA dated August 3, 2020, NY SHPO indicated that it concurs with FRA’s proposed 

Area of Potential Effects (APE), and noted that it has no archaeological concerns with the proposed 

undertaking. The Project APE is described in Figure 1. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite your organization to participate in consultation pursuant to Section 106. As a consulting 

party, you will have an opportunity to share your views regarding the potential effects of the 

Project on historic properties; to receive, review, and comment on Section 106-related documents; 

and to offer and consider possible solutions to resolve any adverse effects together with FRA, NY 

SHPO, and other consulting parties. Information you may wish to share regarding potential historic 

properties in the APE or issues to be considered in the Section 106 process is welcome, particularly 

regarding changes in the built environment since 2009 and 2013/2014. If you do not respond to 

this invitation, you may request consulting party status in the future; however, the Project will 

advance and you may not have an opportunity to comment on previous steps in the Section 106 

process. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

If you have any questions regarding the Project or wish to be a Section 106 consulting party, please 

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail 

Yard Infrastructure Project. 
Western Rail Yard Infrastructure Project   4

Sincerely,

Laura Shick 

Supervisory Environmental Protection Specialist

Office of Railroad Policy and Development 

Enclosures 
)6%40/

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8/7/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=534c40d2fd&view=pt&search=all&permmsgid=msg-f%3A1674325278806711888&dsqt=1&simpl=msg-f%3A16743... 1/1

Keri Cibelli <kcibelli@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

Jennifer Morris <jmorris@akrf.com> Thu, Aug 6, 2020 at 8:42 PM

To: president@anthraciterailroads.org

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>,

WRY Project <WRYProject@dot.gov>, Stephen Holley <sholley@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, "Poole, Andrea

(FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

Dear Mr. Gabriel:

Please find the attached correspondence from the Federal Railroad Administration regarding Consulting Parties pursuant

to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in New York

County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

2020-08-06_ARHS_Gabriel.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Mr. John Gabriel, Jr., President 

Anthracite Railroads Historical Society 

P.O. Box 519 

Lansdale, PA 19446-0519 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Mr. John Gabriel, Jr.: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.19 The USDOT’s Federal Railroad Administration (FRA) is 

the lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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 

19 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

ventilation system. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects 

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (NY SHPO), the New York City Landmarks Preservation 

Commission (LPC), and other appropriate New York City and New York State agencies, in 

accordance with local, state, and federal environmental planning requirements, as described below. 

The proposed Platform and mixed-use development (Overbuild) were reviewed in 2009 in 

accordance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation 

Law during the State Environmental Quality Review Act (SEQRA) and City Environmental 

Quality Review (CEQR) process for the Western Rail Yard Project (08PR03724, 08PR04116) as 

documented in the Western Rail Yard Project Final Environmental Impact Statement (2009 

SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 

included Section 106 reviews.20 For archaeological resources, the 2009 SEQRA/CEQR FEIS 

relied on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

20 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete 

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 3

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance, as well as the likelihood of initial resource 

deposition. Similarly, for the concrete casing, FRA determined, and NY SHPO concurred, the 

undertaking would have no adverse effect on historic properties, including archaeological 

resources, provided that construction monitoring of the High Line would occur per the New York 

City Building Code Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical 

maps of the study area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR 

FEIS, the 2004 FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to 

approximately 1850 was further east than the location of the present project site. Furthermore, the 

project area has previously been subject to extensive ground disturbance from construction of the 

Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ86&DQG

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. In its 

response to FRA dated August 3, 2020, NY SHPO indicated that it concurs with FRA’s proposed 

Area of Potential Effects (APE), and noted that it has no archaeological concerns with the proposed 

undertaking. The Project APE is described in Figure 1. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite your organization to participate in consultation pursuant to Section 106. As a consulting 

party, you will have an opportunity to share your views regarding the potential effects of the 

Project on historic properties; to receive, review, and comment on Section 106-related documents; 

and to offer and consider possible solutions to resolve any adverse effects together with FRA, NY 

SHPO, and other consulting parties. Information you may wish to share regarding potential historic 

properties in the APE or issues to be considered in the Section 106 process is welcome, particularly 

regarding changes in the built environment since 2009 and 2013/2014. If you do not respond to 

this invitation, you may request consulting party status in the future; however, the Project will 

advance and you may not have an opportunity to comment on previous steps in the Section 106 

process. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

If you have any questions regarding the Project or wish to be a Section 106 consulting party, please 

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail 

Yard Infrastructure Project. 
Western Rail Yard Infrastructure Project   4

Sincerely,

Laura Shick 

Supervisory Environmental Protection Specialist

Office of Railroad Policy and Development 

Enclosures 
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8/7/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=534c40d2fd&view=pt&search=all&permmsgid=msg-f%3A1674324492560121616&dsqt=1&simpl=msg-f%3A16743... 1/1

Keri Cibelli <kcibelli@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

Jennifer Morris <jmorris@akrf.com> Thu, Aug 6, 2020 at 8:30 PM

To: corrine.remington@yahoo.com

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>,

WRY Project <WRYProject@dot.gov>, Stephen Holley <sholley@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, "Poole, Andrea

(FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

Dear Ms. Remington:

Please find the attached correspondence from the Federal Railroad Administration regarding Consulting Parties pursuant

to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in New York

County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

2020-08-06_Eastern Delaware Nation_Remington.pdf

5862K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Ms. Corrine Remington, Secretary 

Eastern Delaware Nation 

Boro Line Road 

Dushore, PA 18614 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Ms. Corrine Remington: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.1

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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 

1 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

ventilation system. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects 

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (NY SHPO), the New York City Landmarks Preservation 

Commission (LPC), and other appropriate New York City and New York State agencies, in 

accordance with local, state, and federal environmental planning requirements, as described below. 

The proposed Platform and mixed-use development (Overbuild) were reviewed in 2009 in 

accordance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation 

Law during the State Environmental Quality Review Act (SEQRA) and City Environmental 

Quality Review (CEQR) process for the Western Rail Yard Project (08PR03724, 08PR04116) as 

documented in the Western Rail Yard Project Final Environmental Impact Statement (2009 

SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 

included Section 106 reviews.2

 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

2 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete 

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 3

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance, as well as the likelihood of initial resource 

deposition. Similarly, for the concrete casing, FRA determined, and NY SHPO concurred, the 

undertaking would have no adverse effect on historic properties, including archaeological 

resources, provided that construction monitoring of the High Line would occur per the New York 

City Building Code Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical 

maps of the study area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR 

FEIS, the 2004 FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to 

approximately 1850 was further east than the location of the present project site. Furthermore, the 

project area has previously been subject to extensive ground disturbance from construction of the 

Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ86&DQG

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. In its 

response to FRA dated August 3, 2020, NY SHPO indicated that it concurs with FRA’s proposed 

Area of Potential Effects (APE), and noted that it has no archaeological concerns with the proposed 

undertaking. The Project APE is described in Figure 1. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite your tribe to participate in consultation pursuant to Section 106. As a consulting party, 

you will have an opportunity to share your views regarding the potential effects of the Project on 

historic properties; to receive, review, and comment on Section 106-related documents; and to 

offer and consider possible solutions to resolve any adverse effects together with FRA, NY SHPO, 

and other consulting parties. Information you may wish to share regarding potential cultural 

resources in the APE or issues to be considered in the Section 106 process is welcome. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 
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8/7/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=534c40d2fd&view=pt&search=all&permmsgid=msg-f%3A1674325398247145637&dsqt=1&simpl=msg-f%3A16743... 1/1

Keri Cibelli <kcibelli@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

Jennifer Morris <jmorris@akrf.com> Thu, Aug 6, 2020 at 8:44 PM

To: mjconnor_rr_@hotmail.com, dstart.elhs@gmail.com

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>,

WRY Project <WRYProject@dot.gov>, Stephen Holley <sholley@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, "Poole, Andrea

(FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

Dear Mr. Connor:

Please find the attached correspondence from the Federal Railroad Administration regarding Consulting Parties pursuant

to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in New York

County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

2020-08-06_ELRHS_Connor.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Mr. Michael J. Connor, President 

Erie Lackawanna Railroad Historical Society 

c/o David Start, Membership Chairman 

22 Ice Plant Road 

Lafayette, NJ 07848-2403 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Mr. Michael J. Connor: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.21 The USDOT’s Federal Railroad Administration (FRA) is 

the lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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 

21 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

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

ventilation system. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects 

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (NY SHPO), the New York City Landmarks Preservation 

Commission (LPC), and other appropriate New York City and New York State agencies, in 

accordance with local, state, and federal environmental planning requirements, as described below. 

The proposed Platform and mixed-use development (Overbuild) were reviewed in 2009 in 

accordance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation 

Law during the State Environmental Quality Review Act (SEQRA) and City Environmental 

Quality Review (CEQR) process for the Western Rail Yard Project (08PR03724, 08PR04116) as 

documented in the Western Rail Yard Project Final Environmental Impact Statement (2009 

SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 

included Section 106 reviews.22 For archaeological resources, the 2009 SEQRA/CEQR FEIS 

relied on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

22 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete 

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 3

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance, as well as the likelihood of initial resource 

deposition. Similarly, for the concrete casing, FRA determined, and NY SHPO concurred, the 

undertaking would have no adverse effect on historic properties, including archaeological 

resources, provided that construction monitoring of the High Line would occur per the New York 

City Building Code Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical 

maps of the study area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR 

FEIS, the 2004 FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to 

approximately 1850 was further east than the location of the present project site. Furthermore, the 

project area has previously been subject to extensive ground disturbance from construction of the 

Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ86&DQG

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. In its 

response to FRA dated August 3, 2020, NY SHPO indicated that it concurs with FRA’s proposed 

Area of Potential Effects (APE), and noted that it has no archaeological concerns with the proposed 

undertaking. The Project APE is described in Figure 1. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite your organization to participate in consultation pursuant to Section 106. As a consulting 

party, you will have an opportunity to share your views regarding the potential effects of the 

Project on historic properties; to receive, review, and comment on Section 106-related documents; 

and to offer and consider possible solutions to resolve any adverse effects together with FRA, NY 

SHPO, and other consulting parties. Information you may wish to share regarding potential historic 

properties in the APE or issues to be considered in the Section 106 process is welcome, particularly 

regarding changes in the built environment since 2009 and 2013/2014. If you do not respond to 

this invitation, you may request consulting party status in the future; however, the Project will 

advance and you may not have an opportunity to comment on previous steps in the Section 106 

process. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

If you have any questions regarding the Project or wish to be a Section 106 consulting party, please 

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail 

Yard Infrastructure Project. 
Western Rail Yard Infrastructure Project   4

Sincerely,

Laura Shick 

Supervisory Environmental Protection Specialist

Office of Railroad Policy and Development 

Enclosures 
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8/7/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=534c40d2fd&view=pt&search=all&permmsgid=msg-f%3A1674325001448198346&dsqt=1&simpl=msg-f%3A16743... 1/1

Keri Cibelli <kcibelli@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

Jennifer Morris <jmorris@akrf.com> Thu, Aug 6, 2020 at 8:38 PM

To: robert@thehighline.org

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>,

WRY Project <WRYProject@dot.gov>, Stephen Holley <sholley@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, "Poole, Andrea

(FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

Dear Mr. Hammond:

Please find the attached correspondence from the Federal Railroad Administration regarding Consulting Parties pursuant

to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in New York

County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

2020-08-06_FriendsofHighLine_Hammond.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Mr. Robert Hammond 

Co-Founder and Executive Director 

Friends of the High Line 

820 Washington Street 

New York, NY 10014 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Mr. Robert Hammond: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.13 The USDOT’s Federal Railroad Administration (FRA) is 

the lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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 

13 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

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

ventilation system. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects 

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (NY SHPO), the New York City Landmarks Preservation 

Commission (LPC), and other appropriate New York City and New York State agencies, in 

accordance with local, state, and federal environmental planning requirements, as described below. 

The proposed Platform and mixed-use development (Overbuild) were reviewed in 2009 in 

accordance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation 

Law during the State Environmental Quality Review Act (SEQRA) and City Environmental 

Quality Review (CEQR) process for the Western Rail Yard Project (08PR03724, 08PR04116) as 

documented in the Western Rail Yard Project Final Environmental Impact Statement (2009 

SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 

included Section 106 reviews.14 For archaeological resources, the 2009 SEQRA/CEQR FEIS 

relied on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

14 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete 

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 3

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance, as well as the likelihood of initial resource 

deposition. Similarly, for the concrete casing, FRA determined, and NY SHPO concurred, the 

undertaking would have no adverse effect on historic properties, including archaeological 

resources, provided that construction monitoring of the High Line would occur per the New York 

City Building Code Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical 

maps of the study area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR 

FEIS, the 2004 FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to 

approximately 1850 was further east than the location of the present project site. Furthermore, the 

project area has previously been subject to extensive ground disturbance from construction of the 

Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ86&DQG

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. In its 

response to FRA dated August 3, 2020, NY SHPO indicated that it concurs with FRA’s proposed 

Area of Potential Effects (APE), and noted that it has no archaeological concerns with the proposed 

undertaking. The Project APE is described in Figure 1. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite your organization to participate in consultation pursuant to Section 106. As a consulting 

party, you will have an opportunity to share your views regarding the potential effects of the 

Project on historic properties; to receive, review, and comment on Section 106-related documents; 

and to offer and consider possible solutions to resolve any adverse effects together with FRA, NY 

SHPO, and other consulting parties. Information you may wish to share regarding potential historic 

properties in the APE or issues to be considered in the Section 106 process is welcome, particularly 

regarding changes in the built environment since 2009 and 2013/2014. If you do not respond to 

this invitation, you may request consulting party status in the future; however, the Project will 

advance and you may not have an opportunity to comment on previous steps in the Section 106 

process. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

If you have any questions regarding the Project or wish to be a Section 106 consulting party, please 

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail 

Yard Infrastructure Project. 
Western Rail Yard Infrastructure Project   4

Sincerely,

Laura Shick 

Supervisory Environmental Protection Specialist

Office of Railroad Policy and Development 

Enclosures 
)6%40/

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8/7/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=534c40d2fd&view=pt&search=all&permmsgid=msg-f%3A1674324928161173595&dsqt=1&simpl=msg-f%3A16743... 1/1

Keri Cibelli <kcibelli@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

Jennifer Morris <jmorris@akrf.com> Thu, Aug 6, 2020 at 8:37 PM

To: "Doyle, Noreen" <ndoyle@hrpt.ny.gov>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>,

WRY Project <WRYProject@dot.gov>, Stephen Holley <sholley@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, "Poole, Andrea

(FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

Dear Ms. Doyle:

Please find the attached correspondence from the Federal Railroad Administration regarding Consulting Parties pursuant

to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in New York

County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

2020-08-06_HRPT_Doyle.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Ms. Noreen Doyle 

Executive Vice President 

Hudson River Park Trust 

Pier 40, 2nd Floor 

353 West Street 

New York, NY 10014 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Ms. Noreen Doyle: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.11 The USDOT’s Federal Railroad Administration (FRA) is 

the lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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 

11 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

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. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects 

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (NY SHPO), the New York City Landmarks Preservation 

Commission (LPC), and other appropriate New York City and New York State agencies, in 

accordance with local, state, and federal environmental planning requirements, as described below. 

The proposed Platform and mixed-use development (Overbuild) were reviewed in 2009 in 

accordance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation 

Law during the State Environmental Quality Review Act (SEQRA) and City Environmental 

Quality Review (CEQR) process for the Western Rail Yard Project (08PR03724, 08PR04116) as 

documented in the Western Rail Yard Project Final Environmental Impact Statement (2009 

SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 

included Section 106 reviews.12 For archaeological resources, the 2009 SEQRA/CEQR FEIS 

relied on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

12 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete 

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 3

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance, as well as the likelihood of initial resource 

deposition. Similarly, for the concrete casing, FRA determined, and NY SHPO concurred, the 

undertaking would have no adverse effect on historic properties, including archaeological 

resources, provided that construction monitoring of the High Line would occur per the New York 

City Building Code Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical 

maps of the study area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR 

FEIS, the 2004 FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to 

approximately 1850 was further east than the location of the present project site. Furthermore, the 

project area has previously been subject to extensive ground disturbance from construction of the 

Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ86&DQG

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. In its 

response to FRA dated August 3, 2020, NY SHPO indicated that it concurs with FRA’s proposed 

Area of Potential Effects (APE), and noted that it has no archaeological concerns with the proposed 

undertaking. The Project APE is described in Figure 1. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite your organization to participate in consultation pursuant to Section 106. As a consulting 

party, you will have an opportunity to share your views regarding the potential effects of the 

Project on historic properties; to receive, review, and comment on Section 106-related documents; 

and to offer and consider possible solutions to resolve any adverse effects together with FRA, NY 

SHPO, and other consulting parties. Information you may wish to share regarding potential historic 

properties in the APE or issues to be considered in the Section 106 process is welcome, particularly 

regarding changes in the built environment since 2009 and 2013/2014. If you do not respond to 

this invitation, you may request consulting party status in the future; however, the Project will 

advance and you may not have an opportunity to comment on previous steps in the Section 106 

process. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

If you have any questions regarding the Project or wish to be a Section 106 consulting party, please 

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail 

Yard Infrastructure Project. 
Western Rail Yard Infrastructure Project   4

Sincerely,

Laura Shick 

Supervisory Environmental Protection Specialist

Office of Railroad Policy and Development 

Enclosures 
)6%40/

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8/7/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=534c40d2fd&view=pt&search=all&permmsgid=msg-f%3A1674324622874800344&dsqt=1&simpl=msg-f%3A16743... 1/1

Keri Cibelli <kcibelli@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

Jennifer Morris <jmorris@akrf.com> Thu, Aug 6, 2020 at 8:32 PM

To: info@lenape-nation.org

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>,

WRY Project <WRYProject@dot.gov>, Stephen Holley <sholley@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, "Poole, Andrea

(FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

To the Lenape Nation of Pennsylvania:

Please find the attached correspondence from the Federal Railroad Administration regarding Consulting Parties pursuant

to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in New York

County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

2020-08-06_Lenape Nation of Pennsylvania.pdf

5862K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Lenape Nation of Pennsylvania 

169 Northampton Street 

Easton, PA 18042 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

To Whom It May Concern: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.3

 The USDOT’s Federal Railroad Administration (FRA) is the 

lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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 

3 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

ventilation system. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects 

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (NY SHPO), the New York City Landmarks Preservation 

Commission (LPC), and other appropriate New York City and New York State agencies, in 

accordance with local, state, and federal environmental planning requirements, as described below. 

The proposed Platform and mixed-use development (Overbuild) were reviewed in 2009 in 

accordance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation 

Law during the State Environmental Quality Review Act (SEQRA) and City Environmental 

Quality Review (CEQR) process for the Western Rail Yard Project (08PR03724, 08PR04116) as 

documented in the Western Rail Yard Project Final Environmental Impact Statement (2009 

SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 

included Section 106 reviews.4

 For archaeological resources, the 2009 SEQRA/CEQR FEIS relied 

on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

4 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete 

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 3

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance, as well as the likelihood of initial resource 

deposition. Similarly, for the concrete casing, FRA determined, and NY SHPO concurred, the 

undertaking would have no adverse effect on historic properties, including archaeological 

resources, provided that construction monitoring of the High Line would occur per the New York 

City Building Code Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical 

maps of the study area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR 

FEIS, the 2004 FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to 

approximately 1850 was further east than the location of the present project site. Furthermore, the 

project area has previously been subject to extensive ground disturbance from construction of the 

Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ86&DQG

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. In its 

response to FRA dated August 3, 2020, NY SHPO indicated that it concurs with FRA’s proposed 

Area of Potential Effects (APE), and noted that it has no archaeological concerns with the proposed 

undertaking. The Project APE is described in Figure 1. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite your tribe to participate in consultation pursuant to Section 106. As a consulting party, 

you will have an opportunity to share your views regarding the potential effects of the Project on 

historic properties; to receive, review, and comment on Section 106-related documents; and to 

offer and consider possible solutions to resolve any adverse effects together with FRA, NY SHPO, 

and other consulting parties. Information you may wish to share regarding potential cultural 

resources in the APE or issues to be considered in the Section 106 process is welcome. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 
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8/7/2020 AKRF Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=534c40d2fd&view=pt&search=all&permmsgid=msg-f%3A1674325475627693831&dsqt=1&simpl=msg-f%3A16743... 1/1

Keri Cibelli <kcibelli@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

Jennifer Morris <jmorris@akrf.com> Thu, Aug 6, 2020 at 8:46 PM

To: nrhs-nyc@msn.com

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>,

WRY Project <WRYProject@dot.gov>, Stephen Holley <sholley@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, "Poole, Andrea

(FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

Dear Mr. Papp:

Please find the attached correspondence from the Federal Railroad Administration regarding Consulting Parties pursuant

to Section 106 of the National Historic Preservation Act for the Western Rail Yard Infrastructure Project in New York

County, New York.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

2020-08-06_NRHS_Papp.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Albert L. Papp, Jr., President 

National Railway Historical Society, Inc. 

New York Chapter 

121 Northfield 

Millington, NJ 07946 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Mr. Albert L. Papp, Jr.: 

WRY Tenant LLC and the National Railroad Passenger Corporation (Amtrak) are partnering in a 

joint venture (Project Sponsor) to seek Federal financial assistance through the Railroad 

Rehabilitation and Improvement Financing (RRIF) Program, which is administered by the U.S. 

Department of Transportation (USDOT) Build America Bureau (Bureau). The Project Sponsor has 

expressed an interest in seeking financial assistance provided by the Bureau to fund the 

construction of a Platform and a Tunnel Encasement 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”) (Block 676, Lot 3) in New York County 

(Manhattan), New York (Figure 1). The Proposed Action includes: (1) a structural Platform 

(Platform); and (2) a railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) 

(the “Proposed Action,” also referred to here as the “Project”) to allow for privately-funded mixeduse development and public open space above the Platform. The mixed-use development 

(Overbuild) has been approved by the New York City Planning Commission (CPC), and adopted 

by the New York City Council into the New York City Zoning Resolution, for redevelopment of 

the Western Rail Yard parcel, which is located between West 30th and 33rd Streets and Eleventh 

and Twelfth Avenues in Manhattan.23 The USDOT’s Federal Railroad Administration (FRA) is 

the lead agency preparing an environmental impact statement (EIS) for the Project to ensure 

compliance with the National Environmental Policy Act of 1969 (NEPA) and other applicable 

environmental laws, including Section 106 of the National of Historic Preservation Act of 1966, 

as amended, and the Advisory Council on Historic Preservation’s Section 106 implementing 

regulations at 36 Code of Federal Regulations Part 800 (Section 106). 

The purpose of the Project is to 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 

23 The Overbuild development as currently designed will include: residential and commercial office towers ranging from 340,000 to 1.5 million 

square feet (between 350 feet to over 800 feet tall); more than five acres of public open space including new parks and playgrounds; a new 750-

seat public school; and connections to the High Line. Upon completion, the new Overbuild will be home to up to 4,000 new residences and nearly 

5,000 office workers. 
Western Rail Yard Infrastructure Project 2

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

ventilation system. The Platform would serve as the support for privately-funded mixed-use 

development and public open space above. Construction of the Platform would include the 

reconstruction and upgrades to other LIRR support services including existing emergency 

electrical equipment, approximately 20,000 square feet of railroad staff facilities, and rail car 

cleaning services. Once complete, the entire yard would contain comprehensive state-of-the-art 

life safety systems, securing this critical infrastructure and protecting both the workers and the 

railroad equipment in the yard. The Tunnel Encasement would be constructed underneath the 

Western Rail Yard site. The purpose of the Tunnel Encasement is to 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. New rail infrastructure is part of Amtrak’s 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. The Project does not include any efforts to make the encasement 

operational. This preserved right-of-way may be used by a new Hudson River Tunnel that is being 

evaluated by FRA as part of the separate and independent Hudson Tunnel Project, which is the 

subject of an on-going Environmental Impact Statement (EIS). 

Potential effects as a result of construction of the Project could include noise and vibration effects 

to nearby architectural resources from construction activities, including heavy truck movements; 

falling debris, and/or inadvertent damage caused by heavy machinery, among other things. 

Construction of the Project would involve subsurface ground disturbance on the site, which could 

directly impact archaeological resources if any are present. At-grade and subsurface ground 

disturbance also would occur in the construction staging areas for the Project. No subsurface 

ground disturbance would occur outside the project site. Once constructed, the Project would not 

introduce any permanent visual components above grade; it would be covered by the privatelyfunded, as-of-right Overbuild (described above). 

The two components of the Project have previously been reviewed by FRA, the New York State 

Historic Preservation Officer (NY SHPO), the New York City Landmarks Preservation 

Commission (LPC), and other appropriate New York City and New York State agencies, in 

accordance with local, state, and federal environmental planning requirements, as described below. 

The proposed Platform and mixed-use development (Overbuild) were reviewed in 2009 in 

accordance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation 

Law during the State Environmental Quality Review Act (SEQRA) and City Environmental 

Quality Review (CEQR) process for the Western Rail Yard Project (08PR03724, 08PR04116) as 

documented in the Western Rail Yard Project Final Environmental Impact Statement (2009 

SEQRA/CEQR FEIS). 

The Tunnel Encasement is the third and westernmost segment of the entire right-of-way 

preservation concrete casing that previously underwent NEPA reviews led by FRA, which 

included Section 106 reviews.24 For archaeological resources, the 2009 SEQRA/CEQR FEIS 

relied on the assessment of potential archaeological sensitivity prepared for the 2004 No. 7 Subway 

Extension-Hudson Yards Rezoning and Development Program FGEIS (2004 FGEIS), which 

24 Finding of No Significant Impact, Environmental Assessment for Construction of a Concrete Casing in the Hudson Yards, New York, New York.

(FRA and Amtrak, May 2013); and Finding of No Significant Impact, Supplemental Environmental Assessment for Construction of a Concrete 

Casing Extension in the Hudson Yards, New York, New York. (FRA and Amtrak. November 2014) 
Western Rail Yard Infrastructure Project 3

concluded that the Western Rail Yard was not an archaeologically sensitive area, based on LPC’s 

review of contextual studies, historic maps, and existing subsurface information, including boring 

logs, to confirm prior subsurface disturbance, as well as the likelihood of initial resource 

deposition. Similarly, for the concrete casing, FRA determined, and NY SHPO concurred, the 

undertaking would have no adverse effect on historic properties, including archaeological 

resources, provided that construction monitoring of the High Line would occur per the New York 

City Building Code Technical Policy and Procedure Notice #10/88 (14PRO2712). The historical 

maps of the study area referenced in the cultural analyses conducted for the 2009 SEQRA/CEQR 

FEIS, the 2004 FGEIS, and 2013 Concrete Casing EA, show that the shoreline prior to 

approximately 1850 was further east than the location of the present project site. Furthermore, the 

project area has previously been subject to extensive ground disturbance from construction of the 

Western Rail Yard. 

FRA is preparing an EIS for the Project in compliance with NEPA, the Council on Environmental 

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ86&DQG

23 CFR part 771 and 774. The Notice of Intent was published on June 15, 2020 (Federal Register, 

Vol. 85, No. 115). FRA intends to coordinate the Section 106 process with the preparation of the 

EIS. FRA recently initiated Section 106 consultation with the NY SHPO on July 3, 2020. In its 

response to FRA dated August 3, 2020, NY SHPO indicated that it concurs with FRA’s proposed 

Area of Potential Effects (APE), and noted that it has no archaeological concerns with the proposed 

undertaking. The Project APE is described in Figure 1. 

As the lead Federal agency for the Project, FRA is contacting you to notify you about the Project 

and invite your organization to participate in consultation pursuant to Section 106. As a consulting 

party, you will have an opportunity to share your views regarding the potential effects of the 

Project on historic properties; to receive, review, and comment on Section 106-related documents; 

and to offer and consider possible solutions to resolve any adverse effects together with FRA, NY 

SHPO, and other consulting parties. Information you may wish to share regarding potential historic 

properties in the APE or issues to be considered in the Section 106 process is welcome, particularly 

regarding changes in the built environment since 2009 and 2013/2014. If you do not respond to 

this invitation, you may request consulting party status in the future; however, the Project will 

advance and you may not have an opportunity to comment on previous steps in the Section 106 

process. 

Due to the ongoing coronavirus disease 2019 (COVID-19) public health emergency, and consistent 

with the Centers for Disease Control and Prevention’s guidance regarding large events and mass 

gatherings, FRA will conduct a virtual public scoping for the Project. FRA will also hold other 

Project meetings virtually, including Section 106 Consulting Parties meetings, and encourages 

submission of comments for the Project electronically. Such meetings will be advertised as 

required. The EIS is being prepared on an accelerated schedule. The schedule for the 

environmental review and other project information is posted at 

www.westernrailyardinfrastructure.com and at Regulations.gov, Docket Number: FRA-2020-

0039. 

If you have any questions regarding the Project or wish to be a Section 106 consulting party, please 

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail 

Yard Infrastructure Project. 
Western Rail Yard Infrastructure Project   4

Sincerely,

Laura Shick 

Supervisory Environmental Protection Specialist

Office of Railroad Policy and Development 

Enclosures 
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