Combined Final Environmental Impact 

Statement/Record of Decision 

And Final Section 4(f) Evaluation 

Addressing the Construction and Operation of 

the 

Western Rail Yard Infrastructure Project 

New York, New York 

November 2021 
 

 

 

 

 

 

 

 

 

Western Rail Yard Infrastructure Project 

Final Environmental Impact Statement and

Final Section 4(f) Evaluation 

Prepared by: 

US Department of Transportation – 

Federal Railroad Administration 

Submitted Pursuant To: 

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

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

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

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

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

and implementing regulations at 23 CFR part 774; 

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

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

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

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

____________________________________________________ November 22, 2021 

Paul Nissenbaum Date of Approval 

Associate Administrator for Railroad Policy and Development 

Federal Railroad Administration 
 

 

 

 

 

 

The following individual may be contacted for additional information concerning this document: 

Marlys Osterhues 

Office of Railroad Policy and Development 

Federal Railroad Administration 

1200 New Jersey Avenue, SE, Mail Stop 20 

Washington, DC 20590 

Email: WRYProject@dot.gov 

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

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

Federal financial assistance through a loan program, or an available grant program administered 

by the U.S. Department of Transportation (USDOT). The Federal Railroad Administration (FRA) 

is conducting the environmental analysis in compliance with the National Environmental Policy 

Act of 1969 (NEPA), (42 USC 4321 et seq.) and other applicable environmental laws. The 

Proposed Action put forth by the Project Sponsor includes the construction and operation of the 

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

Encasement (Tunnel Encasement). The Platform would allow for privately funded mixed-use 

development and public open space above the Platform. The Proposed Action would be located 

on the 13-acre Western Rail Yard site, located on the western half of the Metropolitan 

Transportation Authority (MTA) Long Island Rail Road (LIRR) John D. Caemmerer Yard (aka 

“Hudson Yards”). 

This Final Environmental Impact Statement (FEIS) and Final Section 4(f) Evaluation evaluate the 

Western Rail Yard Infrastructure Project. Because the FRA is modifying the Draft Environmental 

Impact Statement (DEIS) in response to comments that are only minor and limited to factual 

corrections or explanations of why the comments do not warrant additional agency response, 

FRA is issuing the FEIS using errata sheets. FRA’s use of errata sheets is consistent with 23 

United States Code (U.S.C.) 139(n); and 49 U.S.C. 304a. 

Pursuant to 49 USC 24201 and 23 USC 139(n)(2), FRA is issuing a single document that consists 

of the FEIS/Final Section 4(f) Evaluation and Record of Decision (ROD). The primary purpose of 

the FEIS is to present responses from FRA and the Project Sponsor to public and agency 

comments received on the DEIS and Draft Section 4(f) Evaluation. The ROD states the decision, 

identifies the alternatives considered in reaching the decision, summarizes avoidance, 

minimization, and mitigation strategies and future design practices appropriate for this EIS, and 

states the next steps in the environmental review process that may occur with subsequent phases 

of the Project. 

This combined FEIS/ROD documents the evaluation of the reasonably foreseeable potential 

beneficial and adverse environmental impacts of implementing the Project, including a No Build 

Alternative and Preferred Alternative. FRA has also prepared a Final Section 4(f) Evaluation for 

the Western Rail Yard Infrastructure Project in compliance with Section 4(f) of the United States 

Department of Transportation Act of 1966. The Proposed Action remains the Preferred Alternative 

in the FEIS and is the Selected Alternative in the ROD. 
Table of Contents 

Part 1: Final Environmental Impact Statement (FEIS) and 

Final Section 4(f) Evaluation Table of Contents 

Part 1: Final Environmental Impact Statement ........................ FEIS-1 

1.1 Introduction ............................................................................................... FEIS-1 

1.1.1 Prior Environmental Reviews................................................................. FEIS-2 

1.2 Errata Sheets and Combined FEIS/ROD .................................................. FEIS-4 

1.2.1 Errata Sheets and FEIS ......................................................................... FEIS-4 

1.2.2 FEIS and ROD....................................................................................... FEIS-4 

1.3 Purpose and Need..................................................................................... FEIS-5 

1.4 Alternatives................................................................................................ FEIS-5 

1.4.1 No Action Alternative ............................................................................. FEIS-6 

1.4.2 Preferred Alternative.............................................................................. FEIS-6 

1.5 Public and Agency Outreach and Coordination......................................... FEIS-8 

1.5.1 Distribution of the DEIS ......................................................................... FEIS-8 

1.5.2 DEIS Public Hearing .............................................................................. FEIS-9 

1.5.3 Comments and Responses on the DEIS ............................................... FEIS-9 

Agencies ......................................................................................................... FEIS-9 

Community Board ......................................................................................... FEIS-10 

Organizations ................................................................................................ FEIS-10 

1.6 DEIS Errata Table ................................................................................... FEIS-10 

1.7 Final Section 4(f) Evaluation .................................................................... FEIS-18 

Attachment 1 Revised DEIS Tables, Figures, and Additional Appendix Materials 

FEIS List of Tables 

1-1 DEIS Errata Table ..................................................................................... FEIS-11 

November 2021 TOC-2 
 

FEIS List of Figures 

Following page: 

1-1 Project Location ................................................................................................ 1-1 

11-1 Aesthetics and Visual Quality Project Location and Area of Visual Effect................ 

1-2 Existing Zoning in Study Area .......................................................................... 1-2 

4-1 Transportation and Infrastructure Projects ................................. (in Attachment 1) 

................................................................................................... (in Attachment 1) 

15-1 FEMA Preliminary FIRM ............................................................. (in Attachment 1) 

H-19 Relationship of Platform to High Line ......................................... (in Attachment 1) 

FEIS Appendices 

Appendix A Draft Environmental Impact Statement (DEIS) and Draft Section 4(f) 

Evaluation Addressing the Construction and Operation of the Western Rail 

Yard Infrastructure Project 

Appendix B DEIS Public and Agency Summary Report 

Appendix C Public Hearing Transcript, DEIS Comments, and Response to DEIS 

Comments 

Appendix D Final Section 4(f) Evaluation 

 TOC-3 November 2021 
Table of Contents 

Part 2: Record of Decision (ROD) Table of Contents 

Part 2: Western Rail Yard Infrastructure Project Record of 

Decision ....................................................................................ROD-1 

1 Introduction................................................................................................ ROD-1 

2 Decision..................................................................................................... ROD-1 

3 Basis of Decision....................................................................................... ROD-3 

3.1 Prior Environmental Reviews.................................................................... ROD-4 

3.2 NEPA Process .......................................................................................... ROD-5 

3.3 Purpose and Need.................................................................................... ROD-7 

3.4 Alternatives ............................................................................................... ROD-9 

4 Summary of Environmental Consequences and Measures to Minimize 

Harm ....................................................................................................... ROD-12 

5 Public Outreach and Opportunities to Comment ..................................... ROD-32 

6 Determinations and Findings Regarding Other Laws .............................. ROD-33 

6.1 Section 106 of the National Historic Preservation Act ............................ ROD-33 

6.2 Section 4(f) Determination...................................................................... ROD-34 

6.3 Environmental Justice ............................................................................. ROD-37 

6.4 Coastal Zone Management Act .............................................................. ROD-38 

6.5 Clean Air Act........................................................................................... ROD-38 

6.6 Permits and Approvals............................................................................ ROD-38 

7 Conclusion............................................................................................... ROD-40 

ROD List of Tables 

1 Western Rail Yard Infrastructure Project NEPA Process Milestones .............. ROD-6 

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

3 Summary of Indirect Effects of the Selected Alternative and Measures to Avoid, 

Alternative ..................................................................................................... ROD-13 

Minimize, or Mitigate Impacts........................................................................ ROD-30 

4 Section 4(f) Properties in the Study Area ...................................................... ROD-35 

5 Permits and Approvals Required for the Selected Alternative ...................... ROD-39 

November 2021 TOC-4 
 

 

 

 

 

Part 1: Final Environmental Impact Statement 

1.1 INTRODUCTION 

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

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

to seek Federal financial assistance through a loan program, or an available grant 

program administered by the U.S. Department of Transportation (USDOT) for the 

Western Rail Yard Infrastructure Project (Proposed Action). The Federal Railroad 

Administration (FRA) is conducting the environmental analysis in compliance with the 

National Environmental Policy Act of 1969 (NEPA), (42 USC 4321 et seq.) and other 

applicable environmental laws. This Final Environmental Impact Statement (FEIS) may 

be used by FRA, the USDOT, another USDOT operating administration, or another 

Federal agency to satisfy those entities’ obligations to comply with NEPA, should they 

take action with regard to this Proposed Action. 

The Proposed Action put forth by the Project Sponsor includes the construction and 

operation of the following: (1) a structural Platform (Platform); and (2) a railroad right-ofway preservation Tunnel Encasement (Tunnel Encasement). The Proposed Action would 

be located on the 13-acre Western Rail Yard site, located on the western half of the 

Metropolitan Transportation Authority (MTA) Long Island Rail Road (LIRR) John D. 

Caemmerer Yard (aka “Hudson Yards”). 

The Western Rail Yard site (Project Site) includes two parcels (Block 676, Lot 1 and Lot 

5) in New York County (Manhattan), New York (see Figure 1-1). MTA LIRR is the owner 

of both parcels (comprising the entire 13-acre Western Rail Yard site) and has a lease 

agreement for both parcels with WRY Tenant LLC1. The Platform would allow for privately 

funded mixed-use development and public open space over the existing rail yard. The 

mixed-use development planned for the site (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 site. 

The Tunnel Encasement would preserve the right-of-way for new rail infrastructure under 

the Western Rail Yard site to maintain a functional, resilient, and improved trans-Hudson 

passenger rail crossing into New York Penn Station (Penn Station). 

1 WRY Tenant LLC is the Overbuild Developer. 

FEIS-1 November 2021 
HUDSON

RIVER

Convention

Center

Eastern

Rail Yard

Western

Rail Yard

Hudson

Yards

W 34th St

Dy

e

r

Ave

W 35th St

W 31st St

W 33rd St

Twelfth Ave

Tenth Ave

HighLine

Eleventh Ave

W 30th St

W 29th St

W 27th Dr

Hudson River Greenway

W 28th St

W 27th St

WESTERN RAIL YARD INFRASTRUCTURE PROJECT

Project Location

Figure 1-1

10.22.20

0 400 FEET

Bergen

Essex

Hudson

Bronx

Brooklyn

Manhattan

Queens

NJ

NY

!\

Project Site (Western Rail Yard)

Hudson Yards

Approximate Terra Firma Area

Proposed Platform

Existing Concrete Encasement

Proposed Tunnel Encasement

Existing High Line Park (Remains Unaltered)

Data source: NYS ITS GIS Program Offce; Nearmap, 2020 imagery
 

 

 

 

 

 

 

 

 

 

 

 

 

 

The rail yard is located between West 33rd Street to the north, Eleventh Avenue to the 

east (beyond which is the new private mixed-use development above the Eastern Rail 

Yard); 30th Street to the south; and Twelfth Avenue to the west. The rail yard is operated 

by LIRR and is used as a commuter railroad storage yard and maintenance facility. The 

yard contains storage tracks for 12-car trains, a car-cleaning platform, and other 

maintenance and staff facilities for LIRR’s commuter rail service into Penn Station. 

1.1.1 PRIOR ENVIRONMENTAL REVIEWS 

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

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

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

is evaluating in this Environmental Impact Statement (EIS). FRA has used information 

and analysis contained in the prior project-related environmental reviews to support the 

corresponding impact analysis for the Proposed Action in the preparation of this EIS, to 

the maximum extent applicable and practicable. In addition, FRA has incorporated 

findings and analyses from these documents in this EIS, where appropriate. This included 

using information such as estimates of construction worker and trucking activity, 

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

the Proposed Action, accounting for any updates needed. 

1.1.1.1 PLATFORM 

The Platform and Overbuild were the subject of an FEIS prepared under the New York 

State Environmental Quality Review Act (SEQRA) and New York CEQR, which was 

published on October 9, 2009 (2009 SEQRA/CEQR FEIS). The CPC and the MTA acted 

as co-lead agencies for the environmental review and issued environmental findings 

under CEQR and SEQRA. Subsequent zoning actions associated with the Overbuild 

development were approved by the CPC and adopted by the New York City Council as 

zoning text and map amendments to the New York City Zoning Resolution (see Figure 

1-2). The Overbuild development is now as-of-right development, since it would 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). 

More details concerning the actions evaluated in the 2009 SEQRA/CEQR FEIS 

pertaining to the Western Rail Yard site are available in the DEIS, see Chapter 1, 

“Introduction,” Section 1.3.3. For more information about the MTA and CPC’s past 

environmental review of the Western Rail Yard project, please refer to the following 

website: 

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

November 2021 FEIS-2 
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W 31st St

Ninth Ave

W 26th St

Tenth Ave

W 22nd St

W 33rd St Dy

er Ave

Eighth Ave

W 40th St

W 24th St

W 37th St

W 30th St

W 29th St

Lincoln Tunnel

W 44th St

Eleventh Ave

Twelfth Ave

W 38th St

W 21st St

W 36th St

W 42nd St

W 39th St

W 20th St

W 28th St

W 27th St

HUDSON RIVER

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WESTERN RAIL YARD INFRASTRUCTURE PROJECT

Existing Zoning in Study Area

Figure 1-2

Project Site (Western Rail Yard)

Study Area (1/2-mile perimeter)

Zoning District Boundary

C1-5 Commercial Overlay District

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C2-5 Commercial Overlay District

Park Boundary

Special Clinton District

Special Garment Center District

Special Hudson River Park District

Special Hudson Yards District

Special Midtown District

Special West Chelsea District

11.2.20 Data source: NYC Dept. of City Planning GIS Zoning Features, September 2020

0 1,000 FEET
 

 

 

 

 

 

 

Final Environmental Impact Statement 

Following the completion of the 2009 SEQRA/CEQR FEIS,2 the WRY Tenant LLC 

entered into a Restrictive Declaration (RD) with New York City, which incorporates 

commitments associated with the design and construction of the Platform and Overbuild. 

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

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

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

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

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

1.1.1.2 TUNNEL ENCASEMENT 

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

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

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

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

casing project was to preserve underground right-of-way in Hudson Yards to maintain 

opportunities to expand rail services, meet future demand, and improve intercity and 

commuter rail system safety and reliability. The preservation of the right-of-way is 

necessary to ensure that any development at the yard would not eliminate the possibility 

of future rail development and expansion into New York Penn Station. 

Chapter 1, “Introduction,” Section 1.3.3, of the DEIS contains more details concerning 

Amtrak’s previous engineering analyses and the factors considered in the planning and 

design of the Tunnel Encasement component, and how they support the purpose and 

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

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

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

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

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

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

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

Rail Yard. Amtrak has advanced the design of the Tunnel Encasement to 100 percent 

Final Design. Final Design includes design of temporary works, construction phasing, 

structural details and all Tunnel Encasement details including interim facilities, any 

necessary demolition, and utility relocation work. For more information about FRA’s past 

environmental review of the concrete casing and Tunnel Encasement, please see 

https://www.fra.dot.gov/Page/P0666. 

2 The 2009 CEQR/SEQRA FEIS was accompanied by a Findings Statement, issued April 30, 2010, by the 

MTA Board pursuant to SEQRA and 6 NYCRR §§ 617.11 and 617.12(b)(1). https://a002-

ceqraccess.nyc.gov/Handlers/ProjectFile.ashx?file=MjAwOVwwOURDUDAwN01cZmluZGluZ3NcMDlEQ 

1AwMDdNX1N0YXRlbWVudF9PZl9GaW5kaW5nc18wNTA2MjAxMC5wZGY1&signature=82107f9edb93 

66e8339468304e35c89d4dc8a543, accessed February 19, 2021. 

FEIS-3 November 2021 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.2 ERRATA SHEETS AND COMBINED FEIS/ROD 

Part 1 of this document consists of the FEIS and Final Section 4(f) Evaluation. Part 2 of 

this document provides the Record of Decision (ROD) document that considers all 

comments from the comment period and confirms FRA’s Selected Alternative for the 

Project. The ROD also provides a written public record of FRA’s decision and states how 

FRA’s decision was made. 

1.2.1 ERRATA SHEETS AND FEIS 

In accordance with 40 CFR 1503.4(c), the use of errata sheets and a table, in lieu of rewriting 

the Draft EIS (DEIS) into an FEIS, is appropriate when comments received on the DEIS are 

minor and the responses to those comments are limited to factual corrections or 

explanations of why the comments do not warrant further consideration of environmental 

consequences or response. Errata sheets are being made available to the public and 

agencies to the same extent as the DEIS, and FRA will ensure the DEIS remains publicly 

accessible. 

The FEIS discloses potential environmental effects associated with the Proposed Action 

identified at this stage of project development and whether they are adverse or beneficial 

and identifies the Preferred Alternative. The FEIS includes all comments received on the 

DEIS and responds to those comments. 

Comments received from the public and agencies require only factual corrections and minor 

clarifications to the DEIS; however, no comments on the DEIS warranted further response 

in the form of additional alternatives or consideration of undisclosed environmental 

consequences or impacts. The DEIS is available on the Western Rail Yard Infrastructure 

Project website (http://www.westernrailyardinfrastructure.com) and the federal docket 

(Regulations.gov, Docket No. FRA-2020-0039-0023) and is included as Appendix A of this 

FEIS. Section 1.6 of this FEIS presents the DEIS Errata Table, which indicates where 

changes were made to text in the DEIS document. The revised DEIS tables, figures, and 

additional new appendix materials are included in Attachment 1. 

1.2.2 FEIS AND ROD 

In accordance with 23 USC § 139(n) and 23 CFR § 771.124(a), to the maximum extent 

practicable, FRA must develop a combined FEIS and ROD unless: 

• The FEIS makes substantial changes to the proposed action that are relevant to 

environmental or safety concerns, or 

• There are significant new circumstances or information relevant to environmental 

concerns and that bears on the proposed action or the impacts of the proposed 

action. 

This FEIS does not include substantial changes to the Proposed Action in terms of 

environmental or safety concerns, nor are there significant new circumstances or information 

relevant to environmental concerns of the Proposed Action or its impacts, as set forth in the 

law. 

November 2021 FEIS-4 
 

 

 

 

 

 

Final Environmental Impact Statement 

FRA will announce the availability of the combined FEIS/ROD on the Project website. In 

addition, FRA will send email notifications to the individuals and groups on the Project email 

list, post the document on the federal docket, and make a limited number of printed copies 

available upon request. 

1.3 PURPOSE AND NEED 

As explained in Chapter 2 of the DEIS, Purpose and Need, the purpose of the Proposed 

Action is to: 

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

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

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

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

extensive Platform ventilation system; and 

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

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

The Platform is needed to support the provision of developable land area that would 

generate revenue for the MTA and its subsidiary agencies, to protect the rail yard, and to 

provide modern state-of-the-art life safety systems for the entire Western Rail Yard. The 

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

in and out of New York Penn Station. 

1.4 ALTERNATIVES 

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

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

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

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

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

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

Preferred Alternative. 

Chapter 3 of the DEIS presented the alternatives considered, including the No Action 

Alternative and the Preferred Alternative. No substantiative comments were received on 

the DEIS that would result in changes to the Preferred Alternative (see Section 1.5.3). 

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

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

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

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

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

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

constraints of the Project Site. 

FEIS-5 November 2021 
 

 

 

 

 

 

 

 

 

 

 

 

1.4.1 NO ACTION ALTERNATIVE 

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

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

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

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

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

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

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

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

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

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

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

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

potential impacts of the Proposed Action in the EIS. 

1.4.2 PREFERRED ALTERNATIVE 

As detailed in Chapter 3, Section 3.4.2 of the DEIS, the Preferred Alternative includes a 

Platform and Tunnel Encasement. 

1.4.2.1 PLATFORM 

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

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

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

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

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

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

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

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

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

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

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

components are necessary to support rail yard operations for LIRR: 

• Ventilation system; 

• Emergency electrical equipment; 

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

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

• Lighting; 

• Rail car cleaning services; 

• Associated mechanical, electrical, and plumbing services; 

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

equipment rooms); and 

• Electrical Substation 

November 2021 FEIS-6 
 

 

 

 

 

 

 

Final Environmental Impact Statement 

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

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

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

train operations with a minimum disruption of service. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

office and storage spaces. 

1.4.2.2 TUNNEL ENCASEMENT 

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

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

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

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

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

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

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

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

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

This Preferred Alternative does not include any permanent operational component for the 

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

ventilation, or electrical systems, would be constructed as part of the Preferred 

Alternative. Minor, temporary systems, such as sump pumps, lighting, and ventilation 

would be installed to enable its construction, which would be removed once construction 

is completed. 

FEIS-7 November 2021 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.5 PUBLIC AND AGENCY OUTREACH AND 

COORDINATION 

Following FRA’s publication of the Notice of Intent (NOI) on June 15, 2020, the scoping 

period ran from July 1 to July 31, 2020. During the scoping period, the public and 

agencies had an opportunity to review and comment on the scope of the DEIS. FRA 

prepared the Western Rail Yard Infrastructure Project Scoping Summary Report after the 

conclusion of the scoping process.3 Chapter 23 of the DEIS provides a summary of the 

public involvement and agency coordination that FRA conducted up to the release of the 

DEIS. This section provides an overview of the public and agency outreach and coordination 

that has occurred since the release of the DEIS. Appendix B contains the complete DEIS 

Public and Agency Involvement Summary Report, which provides more detail regarding 

outreach and coordination activities. 

1.5.1 DISTRIBUTION OF THE DEIS 

FRA released the DEIS and Draft 4(f) Evaluation for public review and comment on June 

11, 2021. The U.S. Environmental Protection Agency (EPA) published a Notice of 

Availability in the Federal Register on June 11, 2021. The public was invited to provide 

comments on the DEIS during a 45-day public comment period from June 11, 2021, 

through July 26, 2021. 

The distribution of the DEIS emphasized the use of electronic media to provide cost-effective 

access to the public. The DEIS was available on the internet on the Project website 

(http://www.westernrailyardinfrastructure.com). FRA encouraged submission of comments 

for the DEIS and other documents electronically. Public and interested agencies had the 

opportunity to submit comments in writing, via the Docket system at Regulations.gov 

(Docket FRA-2020-0039), electronic mail, voicemail to a Project phone number, or U.S. mail. 

Federal agencies, Native American Tribes, state agencies, regional and local agencies, and 

the other selected interested parties and organizations were sent a link to the electronic copy 

of the DEIS via electronic mail. Additional local elected officials and agency representatives, 

along with others on the mailing list (118 contacts), were mailed a notification that included 

information about how to access the DEIS; timing for the formal DEIS comment period; and 

public hearing date. 

In addition, during the public comment period, the public was able to review hard copies of 

the DEIS. Copies were available at the following locations: 

3 FRA, September 2020, Western Rail Yard Infrastructure Project Scoping Summary Report, found at 

http://westernrailyardinfrastructure.com/library.html or at www.regulations.gov (using Docket Number FRA2020-0039). 

November 2021 FEIS-8 
 

 

 

 

 

 

 

 

 

 

 

 

Final Environmental Impact Statement 

Organization Address City, State Phone 

Jack Brause Library* 11 West 42nd Street, #510 New York, NY (212) 992-3627 

Manhattan Community Board 4** 330 West 42nd Street, 26th Floor New York, NY (212) 736-4536 

Manhattan Community Board 5** 450 Fashion Avenue, #2109 New York, NY (212)-465-0907 

Mid-Manhattan Library* 455 Fifth Avenue New York, NY (212) 340-0863 

NYPL Columbus Branch Library* 742 Tenth Avenue New York, NY (212) 586-5098 

Notes: 

Since the availability of materials for public review at these repositories was uncertain, as an accommodation, 

FRA offered to send a copy of the DEIS Executive Summary in English or Spanish to anyone that requested 

it free of charge. 

* Libraries were not fully open to visitors during the DEIS comment period. 

** The Community Board offices had the DEIS and Draft Section 4(f) Evaluation available for public review 

in their offices, by appointment. 

1.5.2 DEIS PUBLIC HEARING 

FRA conducted a virtual public hearing for the DEIS June 30, 2021, from 6:30 to 8:30 pm 

EDT accessible via phone or virtual meeting. The public hearing was recorded and 

available on YouTube on July 1, 2021. The hearing provided an overview of the Project 

and an opportunity to provide comments. American Sign Language interpretation was 

provided, and Spanish language interpretation was available, upon request. There were 

8 attendees at the public hearing, including 2 agency representatives and 6 individuals. 

There was an opportunity for the public and stakeholders to provide comment using oral 

and private testimony. No comments or oral testimony were received during the public 

hearing. The transcript from the public hearing is included in Appendix C1. 

1.5.3 COMMENTS AND RESPONSES ON THE DEIS 

During the public comment period for the DEIS, agencies, organizations, and one community 

board submitted a total of 9 comments. No comments from individuals were received. 

Of the 9 comments, 8 comments were received by email and 1 by mail. The comments 

are presented in their entirety in Appendix C2. The commenters included the following: 

AGENCIES 

1. Mark Austin, Environmental Review Team, United States Environmental Protection 

Agency, letter dated July 26, 2021 (EPA_004) 

2. Gregory L. Capobianco, Office of Planning, Development, and Community 

Infrastructure, New York State Department of State, letter dated August 10, 2021 

(NYSDOS_009) 

3. Lawrence Lennon, Deputy Chief Planning Officer, MTA Construction and 

Development, letter dated July 26, 2021 (MTA_002) 

4. Andrew L. Raddant, Regional Environmental Officer, United States Department of the 

Interior, letter dated July 23, 2021 (USDOI_003) 

5. Gina Santucci, Environmental Review Coordinator, New York City Landmarks 

Preservation Commission, letter dated July 14, 2021 (NYCLPC_005) 

6. Hilary Semel, Director and General Counsel, Mayor's Office of Environmental 

Coordination, letter dated July 27, 2021 (MOEC_001) 

7. Allen Zaretsky, Senior Planner, New York City Department of City Planning, email 

dated August 10, 2021 (NYCDCP_008) 

FEIS-9 November 2021 
 

 

 

 

 

 

 

COMMUNITY BOARD 

8. Lowell D. Kern, Chair, Manhattan Community Board 4, letter dated July 28, 2021 

(MCB4_007) 

ORGANIZATIONS 

9. Felicia Park-Rogers, Director of Regional Infrastructure Projects, Tri-State 

Transportation Campaign, oral comment notes received June 30, 2021 (TriState_006) 

FRA reviewed all of the public and agency comments and have taken the comments into 

consideration in the decision-making process for the EIS. All of the comments received on 

the DEIS and FRA’s corresponding responses are included in Appendix C3. 

1.6 DEIS ERRATA TABLE 

Table 1-1 documents changes that have been made to the DEIS based on comments 

received during the public comment period and updates after the publication of the DEIS. 

The revised DEIS tables, figures, and additional new appendix materials are included in 

Attachment 1. Appendix A contains the DEIS as published on June 11, 2021. 

November 2021 FEIS-10 
 

 

 

 

 

Final Environmental Impact Statement 

Table 1-1 

DEIS Errata Table 

Chapter 

Section 

Page(s) in 

DEIS Description of Action FEIS Revised Text 

Comment Number 

Addressed 

(see Appendix C) 

S.3 S-3 Revised text to show completion of 

construction at Moynihan Station 

Construction is also ongoing at Moynihan Station located between Eighth 

Avenue and Ninth Avenue and West 31st Street and West 33rd Street, was 

completed in April 2021. When completed, tThe Moynihan Station 

Development Project will converted the Farley Building post office facility into a 

new passenger rail station and mixed-use facility with 123,000 gross square 

feet (gsf) of retail, 228,000 gsf of public facility, and 672,000 gsf of office. The 

new Train Hall at Moynihan Station (an extension of New York Penn Station), 

which provides additional and improved connectivity to passenger platforms 

and enhanced passenger circulation space, opened on January 1, 2021. The 

associated private development is still under construction. 

3 (MOEC_001) 

4.3.1 4-4 Revised text to show completion of 

construction at Moynihan Station 

The Moynihan Station Project will created a new passenger rail station within 

the historic James A. Farley Post Office Building (Farley Building), which is 

across Eighth Avenue from New York Penn Station and was designed by the 

same architecture firm as the original Penn Station building...The project is 

advanceding in phases, and the first final phase is now complete as of April 

2021...The final next phase, now in construction, will included a new train hall, 

internal pedestrian circulation space, and commercial development in the 

Farley Building, including transit-oriented and destination retail as well as other 

commercial uses. The transportation infrastructure component of the project 

was substantially completed in December 2020, with the train hall and 

associated passenger circulation elements opened for public use on January 

1, 2021; final completion is planned for 2021. 

3 (MOEC_001) 

4.3.1 4-6 

Added High Line Moynihan 

Connector Civic Project to Table 4-1 

and Figure 4-1 

A new Map ID “L” was added to Figure 4-1. See Table 4-1 in Attachment 1. 

A new line for Map ID “L” was added to Table 4-1, including new text: 

High Line Moynihan Connector Civic Project; Inside 1⁄2-mile Study Area; Block 

728; Lot 1; The project would connect the High Line to the New Moynihan 

Train Hall; Build Year 2022 

7,8,9 (MOEC_001) 

FEIS-11 November 2021 
 

 

 

 

 

Table 1-1 (cont’d) 

DEIS Errata Table 

Chapter 

Section 

Page(s) in 

DEIS Description of Action FEIS Revised Text 

Comment Number 

Addressed 

(s ee Appendix C) 

6.6.1 6-7 Revised text for clarity regarding the 

closure of West 33rd Street 

However, the segment of West 33rd Street between Eleventh and Twelfth 

Avenues would be completely closed to non-emergency vehicles during the 

Preferred Alternative’s construction period if the Proposed Actions are 

approved and that street segment is to be rebuilt, as well as part of 

coordination with the NYCEDC West 33rd Street Viaduct project’s 

construction. Construction trucks for the Preferred Alternative would still be 

allowed to use the entrance to the “construction area” via West 33rd Street 

and Eleventh Avenue throughout the duration of Platform construction, per the 

second bullet point listed above... 

Nearby non-emergency vehicle detour routes would include West 34th Street, 

West 30th Street, and West 29th Street and none of the streets are likely to be 

disrupted by the detour, nor would other nearby projects during the 

construction period. 

12 (MOEC_001) 

6.6.1 6-6 

Revised text to clarify NYCDOTOCMC approval of MPT Plan, 

including any pedestrian access 

changes. 

Pedestrian circulation adjacent to the Project Site may be temporarily closed 

during throughout Platform construction on Eleventh Avenue and West 33rd 

Street. It is likely that the pedestrian passage could be maintained via 

overhead protections or temporary sidewalks. Any pedestrian access changes 

would be part of the MPT plan approved by NYCDOT’s Office of Construction 

Mitigation and Coordination (OCMC). 

15 (MOEC_001) 

Appendix C2 Table C2-4 New Table C2-4A 

A new Table C2-4A was added to the Appendix to show the 24-hour range of 

hourly trip distribution for construction truck trips for the Platform and Tunnel 

Encasement Components separately. See Table C2-4A in Attachment 1. 

16 (MOEC_001) 

7.3.1.1 7-3 

New text added to clarify why 

emergency generators are not 

included in the analysis. 

Emergency generator operations are unlikely to occur simultaneously with the 

worst-case meteorological conditions and worst-case project emissions. 

Therefore, consistent with USEPA guidelines, the emissions associated with 

emergency generator testing would not occur frequently enough to affect the 

98th or 99th percentile of NO2 and SO2 concentrations (the statistical forms of 

ambient air quality standards, respectively) and are not included in the 

modeling analysis. 

24 (MOEC_001) 

November 2021 FEIS-12 
 

 

 

 

 

Final Environmental Impact Statement 

Table 1-1 (cont’d) 

DEIS Errata Table 

Chapter 

Section 

Page(s) in 

DEIS Description of Action FEIS Revised Text 

Comment Number 

Addressed 

(see Appendix C) 

8.5.2 8-5 Revised Table 8-3 to include the Leq 

descriptor and added a new Table 8-4 

The following new footnote 2 was added in Table 8-3: 

Following the FTA guidance manual, the Ldn metric was used for category 2 

receptors and the Leq(1h) metric was used for category 3 receptors. See 

Chapter 5 of Appendix B. 

A new Table 8-4 was added to show the operational stationary noise analysis 

results using the Leq descriptor. See Table 8-4 in Attachment 1. 

27 (MOEC_001) 

8.5.3 8-7 Revised footnote in Table 8-5 (Table 

8-4 in the DEIS) 

Footnote 2 in Table 8-5 was revised: 

Receptor 1, the High Line, is currently open from 7 AM to 7PM 9 PM on 

weekdays and 9 AM to 9 PM on weekends, therefore nighttime construction 

noise levels are not considered at this receptor. 

28 (MOEC_001) 

As such, the Project Sponsor would consult with NYC Parks and Friends of the 

8.5.3 8-9 50 (MOEC_001) 

Revised text to include potential 

steps to alert park users of increased 

noise levels during construction and 

how community complaints can be 

directed. 

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

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

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

standard practice and requirement at construction sites in New York City to 

have posted signage that indicates where community complaints (including 

those related to noise and vibration) can be directed. 

8.5.2 8-10 

Revised text to include the 

construction noise impacts at 

residential receptors during nighttime 

hours 

Because construction of the Preferred Alternative would result in noise level 

increments exceeding the CEQR Technical Manual noise threshold over an 

extended period (i.e., greater than 24 consecutive months), it would result in 

an adverse impact at receptors 2a, 2b, and 2c according to the CEQR 

Technical Manual guidelines, including significant increases (i.e., up to 8 dBA) 

during the night when residential receptors are particularly sensitive to noise. 

30 (MOEC_001) 

11.1 Figure 11-1 Revised Figure 11-1 Figure 11-1 revised to more clearly delineate the Terra Firma Area. See 

Attachment 1. 32 (MOEC_001) 

11.5.1.2 11-2 Revised text to “uses it for parking” 

and “metal barricades block” 

The section of West 33rd Street between Eleventh and Twelfth Avenues 

adjacent to the Project Site is open to bus traffic, but the New York Police 

Department (NYPD) uses if it for parking, and metal gates barricades block the 

sidewalks to pedestrians. 

33 (MOEC_001) 

11.5.1.2 11-3 Revised text to “tinted glass” The 175-foot-tall building has a dense, boxy form that is clad in dark tinted 

glass and steel in a lattice design. 34 (MOEC_001) 

FEIS-13 November 2021 
 

 

 

 

 

 

Table 1-1 (cont’d) 

DEIS Errata Table 

Chapter 

Section 

Page(s) in 

DEIS Description of Action FEIS Revised Text 

Comment Number 

Addressed 

(see Appendix C) 

11.5.1.2 11-3 Revised text to “a mostly textured 

metal panel wall” 

Along West 34th Street, the convention center presents a mostly black 

masonry textured metal panel wall with pedestrian and vehicular entrances 

located toward Twelfth Avenue (see view 9 of Figure H-6). 

35 (MOEC_001) 

11.5.1.2 11-4 

As the metal sculpture is no longer 

present, this sentence has been 

deleted from the text. 

A large metal sculpture of a reclining gorilla is located at the West 33rd Street 

entrance to the park. 36 (MOEC_001) 

11.6.2 

Appendix H 

11-7 

H-19 Added new Figure H-19 

New figure reference added to text and appendix: 

(Figure H-19 illustrates the visual relationship between the High Line and the 

top of the Platform.) See Attachment 1. 

37 (MOEC_001) 

12.6.3 12-12 Reference to the Restrictive 

Declaration (RD) was added. 

New text added to first bullet: 

Since an RD was assigned to the Project Site based on the 2009 

SEQRA/CEQR FEIS (see Appendix O), the Phase II must be conducted with 

NYCOER approval. 

38 (EPA_004) 

12.6.3 12-13 

Reference to the Construction and 

Environmental Protection Plan 

(CEPP) was added 

New text added to last bullet: 

FRA would require the Project Sponsor to develop a CEPP for the Preferred 

Alternative (see Chapter 22). 

38 (EPA_004) 

13.5.2.5 13-11 

The annual energy estimates for the 

ventilation system have been added 

to those for the electrical substation 

for the energy consumption analysis. 

As shown in Table 13-4, the combined estimated energy consumption of the 

LIRR service facilities and the ventilation system would be approximately 

8,526 18,327 million BTUs per year. The estimates are based on standard 

CEQR Technical Manual rates and estimates developed by the Project 

Sponsor’s design engineers for the ventilation system. These assumptions are 

being used only for NEPA analysis purposes with the understanding that the 

final estimated energy consumption figures are subject to change based upon 

MTA’s review and approval of the Western Rail Yard Platform design to 

ensure conformance with the Project Sponsor’s contractual requirements, 

including without limitation, applicable design criteria and LIRR operations. 

The total incremental energy use between the No Action Alternative and the 

Preferred Alternative would be approximately 4,39514,196 million BTUs per 

year. 

See Table 13-4 in Attachment 1. 

40 (MOEC_001) 

November 2021 FEIS-14 
 

 

 

Final Environmental Impact Statement 

Table 1-1 (cont’d) 

DEIS Errata Table 

Chapter 

Section 

Page(s) in 

DEIS Description of Action FEIS Revised Text 

Comment Number 

Addressed 

(see Appendix C) 

13.5.3 13-12 New text added to Section 13.5.3 to 

include coordination with Con Edison. 

New text added in the second paragraph: 

The Project Sponsor continues to coordinate with Con Edison on the Project, 

and any required utility re-routings or reconstructions needed. 

41 (MOEC_001) 

15.2 15-1 

Reference to the NEPAssist and 

EnviroAtlas tools were added to the 

Methodology section. 

In addition, the online NEPAssist and EnviroAtlas tools were reviewed for the 

project area. 42 (EPA_004) 

15.3.1 Figure 15-1 Revised Figure 15-1 Figure 15-1 was updated to include the 500-year floodplain as Zone X. See 

Attachment 1. 43 (EPA_004) 

Appendix D, 

Section D.3.2.6 D-7 

Clarification provided regarding 

elevated receptors that were modeled 

using CEQR Technical Manual 

guidelines. 

FRA modeled discrete receptors (i.e., locations at which concentrations are 

calculated) along existing and future building façades to represent potentially 

sensitive locations such as operable windows and intake vents. Rows of 

receptors were spaced at regular intervals on the modeled buildings and 

multiple elevations, consistent with CEQR Technical Manual analysis 

guidance. FRA also placed receptors at publicly accessible ground-level 

locations, including sidewalks and open spaces. 

N/A 

Appendix D, 

Section D.4.1.2 D-8 Added tables with dust emissions data to Appendix D. 

Dust emissions associated with the transfer of excavated materials were 

estimated (see Table D-4) assuming that each dump truck would be filled to a 

maximum capacity of 20 cubic yards (CY) of soil per truck with a soil density of 

2.6 tons per CY. 

22 (EPA_004) 

16.5.2 

Appendix L 16-2 

Revised text to include coastal zone 

consistency concurrence from 

NYCDCP and NYSDOS. 

NYSDOS and NYCDCP provided their coastal zone consistency determination 

in correspondence on August 10, 2021 (see Appendix L). 

Copies of the NYSDOS and NYCDCP determinations were added to Appendix 

L and included in Attachment 1. 

58 (NYCDCP_008) 

59 (NYSDOS_009) 

19.2 19-2 Revised to include updated 

regulatory framework. 

This analysis complies with EO 12898, USDOT Order 5610.2(a) 5610.2(c), as 

updated in May 2021, and other related federal policy and guidance 

documents, as further described in Chapter 16 of Appendix B. 

48 (MOEC_001) 

19.10 19-7 

Revised to past tense of 

Environmental Justice outreach 

between DEIS an FEIS. 

The public comment period for the DEIS will be was open for 45 days after the 

publication of the DEIS... Comments received on the DEIS have been 

reviewed and addressed in the Final EIS. 

N/A 

19.6.3 19-4 Revised text to include “noise, dust, 

or emissions” 

Given this distance, these populations would not experience adverse effects 

from onsite construction activities, including noise, dust, or emissions. 49 (MOEC_001) 

FEIS-15 November 2021 
 

 

 

 

 

 

 

Table 1-1 (cont’d) 

DEIS Errata Table 

Chapter 

Section 

Page(s) in 

DEIS Description of Action FEIS Revised Text 

Comment Number 

Addressed 

(see Appendix C) 

22.4 

22-10, 22-

11, and 

22-16 

Added text in Table 22-1 to reflect 

Final Section 4(f) Evaluation (Parks 

and Recreation and Section 4(f) 

sections are both reflected in the 

table) 

FRA is consulting consulted with NYC Parks to determine the appropriate 

steps to protect High Line park users and the agency’s ability to maintain the 

High Line (see Appendix O3). The Project Sponsor would consult with NYC 

Parks regarding those aspects of the Platform design that relate to the High 

Line. Design plans for the Platform would be submitted at the preliminary and 

pre-final design stages. If NYC Parks identifies substantive concerns with 

maintenance and operation access, the Project Sponsor would continue 

coordination with NYC Parks to mitigate those concerns. The Project Sponsor 

would consult with NYC Parks regarding aspects of the Platform design that 

relate to the High Line. The Project Sponsor would coordinate with NYC Parks 

on the design plans for the Platform at the preliminary and pre-final design 

stages. If NYC Parks identifies substantive concerns with maintenance and 

operation access, the Project Sponsor would continue to coordinate with NYC 

Parks to mitigate those concerns. 

The Project Sponsor would adhere to the terms of the Amended, Modified, and N/A 

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

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

Rail Road Company (see FEIS Attachment 1, Appendix F4), which provides 

for, but is not limited to the following: 

• Perpetual easements over the Western Rail Yard for the High Line 

structure, including “any alterations, replacements, substitutions and 

renewals thereof” and for structural supporting elements. 

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

owners of the Western Rail Yard parcels to enter the Western Rail Yard 

parcels and the High Line easement area, respectively. The access 

easement benefiting the City of New York provides explicitly for access 

for City personnel “to perform any inspections, repairs, maintenance, 

construction, restoration, improvements, alterations or capital 

improvements” to the High Line and related support facilities. 

November 2021 FEIS-16 
 

 

 

 

 

 

Final Environmental Impact Statement 

Table 1-1 (cont’d) 

DEIS Errata Table 

Chapter 

Section 

Page(s) in 

DEIS Description of Action FEIS Revised Text 

Comment Number 

Addressed 

(see Appendix C) 

22.4 (cont’d) 

22-10, 22-

11, and 

22-16 

Added text in Table 22-1 to reflect 

Final Section 4(f) Evaluation (Parks 

and Recreation and Section 4(f) 

sections are both reflected in the 

table) 

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

developer’s exercise of its rights under the Easement Agreement (e.g., 

construction of the Platform that affects the High Line). 

• The Western Rail Yard developer’s responsibility for the restoration of 

any High Line structures damaged in the course of the developer’s 

exercise of its rights under the Easement Agreement; and 

• Construction-period coordination between the City and the Western 

Rail Yard developer to ensure that the Western Rail Yard mixed-use 

development (which included the Platform that is the subject of the 

current DEIS) and the restoration and use of the High Line as a park 

proceed in a timely and safe manner. 

In addition, the High Line Easement Agreement includes a perpetual easement N/A that applies to Amtrak’s ownership rights of the Tunnel Encasement. The 

Tunnel Encasement would be 15-20 feet below grade and Amtrak’s use and 

operations of the tunnel would not affect the City’s ability to inspect and 

maintain the High Line. Those activities would be governed by the terms of 

the High Line Easement Agreement (see FEIS Attachment 1, Appendix 

F4). 

To address potential noise impacts during construction of the Preferred 

Alternative, the Project Sponsor would consult with NYC Parks and Friends 

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

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

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

anticipated. 

FEIS-17 November 2021 
 

 

 

 

 

 

 

1.7 FINAL SECTION 4(F) EVALUATION 

As detailed in Chapter 21 of the DEIS, FRA prepared the Section 4(f) Evaluation to 

document and evaluate the Preferred Alternative’s potential impacts to resources 

protected under Section 4(f) of the USDOT Act, (23 USC 138 and 49 USC 303), and the 

implementing regulations at 23 CFR 774. Section 4(f) is a Federal law that protects 

publicly owned parks, recreation areas, or wildlife and waterfowl refuges of national, 

state, or local significance, and historic sites of national, state, or local significance that 

may be affected by transportation projects approved or funded by the USDOT and its 

operating administrations, including FRA. 

In the DEIS and Draft Section 4(f) Evaluation, FRA proposed a de minimis finding. 

Because the High Line is both a historic site and a park resource, FRA must find that the 

criteria for both parks and historic sites are met in order to reach a conclusion that the 

impacts are de minimis and coordinate with the officials with jurisdiction, the NYSHPO 

and NYC Parks. FRA has determined there is no adverse effect to the historic property 

under Section 106. In a letter dated February 11, 2021, NYSHPO concurred with the 

Section 106 finding, and FRA is using this concurrence for the de minimis finding. 

Following the release of the DEIS and Draft Section 4(f) Evaluation, FRA continued 

consultation with NYC Parks. FRA received concurrence from NYC Parks regarding the 

Section 4(f) Evaluation de minimis finding on September 3, 2021. The Final Section 4(f) 

Evaluation, prepared in accordance with 49 U.S.C. § 303; 23 CFR Part 74; and FHWA’s 

Section 4(f) Policy Paper (2012), describes that coordination, additional mitigation, and 

FRA’s conclusion that the effects resulting from Western Rail Yard Infrastructure project 

are de minimis impacts, including concurrence from the officials with jurisdiction on FRA’s 

finding. Appendix D contains the Final Section 4(f) Evaluation. 

November 2021 FEIS-18