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%3A1674324748836249311&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 8:34 PM

To: scarroll@lpc.nyc.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. Carroll:

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_NYCLPC_Carroll.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Ms. Sarah Carroll, Chair 

New York City Landmarks Preservation Commission 

David N. Dinkins Municipal Building 

1 Centre Street, 9th Floor, North 

New York, NY 10007 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Ms. Sarah Carroll: 

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.7

 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 

7 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.8

 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 

8 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%3A1674324821899224967&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 8:35 PM

To: Mitchell.silver@parks.nyc.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 Mr. Silver:

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_NYCParks_Silver.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Mr. Mitchell J. Silver, Commissioner 

New York City Department of Parks and Recreation 

The Arsenal - Central Park 

830 Fifth Avenue 

New York, NY 10065 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Mr. Mitchell J. Silver: 

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.9

 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 

9 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.10 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 

10 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%3A1674325195598443133&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 8:41 PM

To: info@panycarchaeology.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 Ms. Spritzer:

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_PANYC_Spritzer.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Professional Archaeologists of New York City (PANYC) 

c/o Ms. S. Spritzer 

Murray Hill Station 

P.O. Box 1503 

New York, NY 10156-1503 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Ms. S. Spritzer: 

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.17 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 

17 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.18 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 

18 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%3A1674325076318274000&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 8:39 PM

To: scotsloon@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. Needham:

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_SIA_Needham.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Mr. Sandy Needham, President 

Society for Industrial Archeology 

Roebling Chapter 

235 West End Avenue, Apt. 14C 

New York, NY 10023-3648 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Mr. Sandy Needham: 

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.15 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 

15 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.16 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 

16 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%3A1674325577646282929&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 8:47 PM

To: mike@tristaterail.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. DelVecchio:

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_TSRHS_DelVecchio.pdf

5855K
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Mr. Michael DelVecchio, President 

Tri-State Railway Historical Society, Inc. 

P.O. Box 1217 

Morristown, NJ 07962 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Mr. Michael DelVecchio: 

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.27 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 

27 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.28 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 

28 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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8/10/2020 AKRF Mail - Re: [External] Section 106 Consultation - Western Rail Yard Infrastructure Project

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1673671005132479444%7Cmsg-f%3A16743724650790... 1/1

Jennifer Morris <jmorris@akrf.com>

Re: [External] Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

Jaime Loichinger <jloichinger@achp.gov> Fri, Aug 7, 2020 at 9:13 AM

To: Jennifer Morris <jmorris@akrf.com>

Cc: Laura Shick <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>, Rebecca Blatnica <Rebecca.Blatnica@dot.gov>, Sarah Stokely <sstokely@achp.gov>

Thank you for this notification; Sarah Stokely (copied here) will be the ACHP's point of contact if you have any questions.

Sincerely,

Jaime Loichinger

Advisory Council on Historic Preservation

(202) 517-0219

jloichinger@achp.gov

From: Jennifer Morris <jmorris@akrf.com>

Sent: Thursday, August 6, 2020 8:25 PM

To: Jaime Loichinger <jloichinger@achp.gov>

Cc: Laura Shick <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>; Rebecca Blatnica <Rebecca.Blatnica@dot.gov>

Subject: [External] SecƟon 106 ConsultaƟon - Western Rail Yard Infrastructure Project

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
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%3A1673671005132479444%7Cmsg-f%3A16746571210067... 1/3

Jennifer Morris <jmorris@akrf.com>

RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

Corrado, Marie <Marie.Corrado@amtrak.com> Mon, Aug 10, 2020 at 12:37 PM

To: "Davies, Johnette" <Johnette.Davies@amtrak.com>, Jennifer Morris <jmorris@akrf.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>

Thanks, Johnette. I’ve made edits to my office address below in red, but otherwise confirm your message. And please use email

instead of regular mail for 106 matters, in any case, since I will be working remotely for a while.

Marie Corrado

Senior Director, Gateway Program

2 Penn Plaza East

11th floor

Newark, NJ 07015

(973) 848-2177 (o)

(267) 290-4768 (m)

Marie.Corrado@Amtrak.com

From: Davies, Johnette <Johnette.Davies@amtrak.com> 

Sent: Monday, August 10, 2020 12:17 PM

To: Jennifer Morris <jmorris@akrf.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>; Corrado, Marie

<Marie.Corrado@amtrak.com>

Subject: RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

Good afternoon,

Amtrak accepts FRA’s invitation to participate as a consulting party for the above referenced project. Our primary contact will be

Marie Corrado (copied here), and I will support Marie in Section 106 matters. Please make Marie your primary contact and copy

me on transmittals. Here is Marie’s contact information:

Marie Corrado

Senior Director Gateway

Amtrak

11-43 Raymond Plaza West

 2 Penn East
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%3A1673671005132479444%7Cmsg-f%3A16746571210067... 2/3

 11th floor

Newark, NJ 07102

Marie.corrado@amtrak.com

267-290-4768

Marie, please correct anything if needed.

Best regards,

- Johnette

Johnette Davies

Lead Historic Preservation Specialist

Amtrak | 30th Street Station | 2955 Market Street, Mailbox 41 | Philadelphia, PA 19104

Email: johnette.davies@amtrak.com | office: 215-349-1354 | ATS:728-1354

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Thursday, August 06, 2020 8:24 PM

To: Davies, Johnette <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>

Subject: Section 106 Consultation - Western Rail Yard Infrastructure Project

ATTENTION: This email originated outside of Amtrak. Do not click on links or open attachments

unless you recognize the sender and know the content is safe.

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,
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%3A1673671005132479444%7Cmsg-f%3A16746571210067... 3/3

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
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%3A1673671005132479444%7Cmsg-f%3A16746557910752... 1/2

Jennifer Morris <jmorris@akrf.com>

RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

Davies, Johnette <Johnette.Davies@amtrak.com> Mon, Aug 10, 2020 at 12:16 PM

To: Jennifer Morris <jmorris@akrf.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>, "Corrado, Marie"

<Marie.Corrado@amtrak.com>

Good afternoon,

Amtrak accepts FRA’s invitation to participate as a consulting party for the above referenced project. Our primary contact will be

Marie Corrado (copied here), and I will support Marie in Section 106 matters. Please make Marie your primary contact and copy

me on transmittals. Here is Marie’s contact information:

Marie Corrado

Senior Director Gateway

Amtrak

11-43 Raymond Plaza West

Newark, NJ 07102

Marie.corrado@amtrak.com

267-290-4768

Marie, please correct anything if needed.

Best regards,

- Johnette

Johnette Davies

Lead Historic Preservation Specialist

Amtrak | 30th Street Station | 2955 Market Street, Mailbox 41 | Philadelphia, PA 19104

Email: johnette.davies@amtrak.com | office: 215-349-1354 | ATS:728-1354

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Thursday, August 06, 2020 8:24 PM

To: Davies, Johnette <Johnette.Davies@amtrak.com>
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%3A1673671005132479444%7Cmsg-f%3A16746557910752... 2/2

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>

Subject: Section 106 Consultation - Western Rail Yard Infrastructure Project

ATTENTION: This email originated outside of Amtrak. Do not click on links or open attachments

unless you recognize the sender and know the content is safe.

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
8/18/2020 AKRF Mail - RE: FW: Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar1069565952935574533%7Cmsg-f%3A1675315113517... 1/3

Jennifer Morris <jmorris@akrf.com>

RE: FW: Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Corrado, Marie <Marie.Corrado@amtrak.com> Mon, Aug 17, 2020 at 5:56 PM

To: Jennifer Morris <jmorris@akrf.com>

Cc: "Davies, Johnette" <Johnette.Davies@amtrak.com>

I apologize I didn’t know that—thanks.

Marie Corrado

Senior Director, Gateway Program

2 Penn Plaza East

11th floor

Newark, NJ 07015

(973) 848-2177 (o)

(267) 290-4768 (m)

Marie.Corrado@Amtrak.com

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Monday, August 17, 2020 5:21 PM

To: Corrado, Marie <Marie.Corrado@amtrak.com>

Cc: Davies, Johnette <Johnette.Davies@amtrak.com>

Subject: Re: FW: Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

ATTENTION: This email originated outside of Amtrak. Do not click on links or open attachments

unless you recognize the sender and know the content is safe.

Ms. Corrado -

Ms. Davies also received this message directly; all consulting parties recipients were bcc'ed. You will both

be copied on future correspondence.

Best,

Jennifer Morris

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants
8/18/2020 AKRF Mail - RE: FW: Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar1069565952935574533%7Cmsg-f%3A1675315113517... 2/3

440 Park Ave South, 7th Floor | New York, NY 10016

646.306.1376 | jmorris@akrf.com

On Mon, Aug 17, 2020 at 2:49 PM Corrado, Marie <Marie.Corrado@amtrak.com> wrote:

Hi, Johnette—Here FRA’s Section 106 Area of Potential Effects memo for Amtrak’s review.

Jennifer, please copy Johnette as well as me on future correspondence.

Thanks.

Marie Corrado

Senior Director, Gateway Program

2 Penn Plaza East

11th floor

Newark, NJ 07015

(973) 848-2177 (o)

(267) 290-4768 (m)

Marie.Corrado@Amtrak.com

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Monday, August 17, 2020 2:56 PM

To: Shick, Laura (FRA) <Laura.Shick@dot.gov>

Cc: Stephen Holley <sholley@akrf.com>; Nathan Riddle <nriddle@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Blatnica,

Rebecca (Volpe) <rebecca.blatnica@dot.gov>; Poole, Andrea (FRA) <Andrea.Poole@dot.gov>; WRY Project

<WRYProject@dot.gov>

Subject: Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

ATTENTION: This email originated outside of Amtrak. Do not click on links or open attachments

unless you recognize the sender and know the content is safe.

Dear Consulting Party:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the

Western Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decisionmaking process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties

pursuant to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review

pursuant to 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 in 2009 (08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided

in the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of
8/18/2020 AKRF Mail - RE: FW: Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar1069565952935574533%7Cmsg-f%3A1675315113517... 3/3

Potential Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s

proposed APE in its August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page
8/18/2020 AKRF Mail - Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar1069565952935574533%7Cmsg-a%3Ar91342497182... 1/1

Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Aug 17, 2020 at 1:55 PM

To: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>

Cc: Stephen Holley <sholley@akrf.com>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, "Blatnica, Rebecca

(Volpe)" <Rebecca.Blatnica@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, WRY Project <WRYProject@dot.gov>

Bcc: johnette.davies@amtrak.com, Marie.Corrado@amtrak.com, sstokely@achp.gov, scarroll@lpc.nyc.gov,

Mitchell.silver@parks.nyc.gov, "Doyle, Noreen" <ndoyle@hrpt.ny.gov>, robert@thehighline.org, scotsloon@gmail.com,

info@panycarchaeology.org, president@anthraciterailroads.org, dstart.elhs@gmail.com, nrhs-nyc@msn.com,

tmeehan0421@gmail.com, mike@tristaterail.org, corrine.remington@yahoo.com, info@lenape-nation.org

Dear Consulting Party:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the Western

Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decision-making

process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties pursuant

to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review pursuant to

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 in 2009

(08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided in

the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of Potential

Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s proposed APE in its

August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page

2020-07-03_WRY APE Memo.pdf

6055K
8/18/2020 AKRF Mail - Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar-8298988236857503454%7Cmsg-a%3Ar-5575504279... 1/1

Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Aug 17, 2020 at 1:53 PM

To: nalligood@delawarenation.com, epaden@delawarenation-nsn.gov, dkelly@delawarenation-nsn.gov

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)"

<Rebecca.Blatnica@dot.gov>, Rebecca Kriss <rkriss@akrf.com>, Nathan Riddle <nriddle@akrf.com>, Stephen Holley

<sholley@akrf.com>, WRY Project <WRYProject@dot.gov>

Dear Ms. Alligood, Ms. Thompson-Paden, and Ms. Kelly:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the Western

Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decision-making

process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties pursuant

to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review pursuant to

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 in 2009

(08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided in

the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of Potential

Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s proposed APE in its

August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page

2020-07-03_WRY APE Memo.pdf

6055K
8/18/2020 AKRF Mail - Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar-3417504467674791984%7Cmsg-a%3Ar-8241241748... 1/1

Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Aug 17, 2020 at 1:53 PM

To: bobermeyer@delawaretribe.org, cbrooks@delawaretribe.org, temple@delawaretribe.org

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)"

<Rebecca.Blatnica@dot.gov>, Rebecca Kriss <rkriss@akrf.com>, Nathan Riddle <nriddle@akrf.com>, Stephen Holley

<sholley@akrf.com>, WRY Project <WRYProject@dot.gov>

Dear Chief Brooks, Mr. Obermeyer, and Ms. Bachor:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the Western

Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decision-making

process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties pursuant

to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review pursuant to

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 in 2009

(08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided in

the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of Potential

Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s proposed APE in its

August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page

2020-07-03_WRY APE Memo.pdf

6055K
8/18/2020 AKRF Mail - Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar-6826794449618857833%7Cmsg-a%3Ar-5774366129... 1/1

Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Aug 17, 2020 at 1:54 PM

To: josephinesmith@shinnecock.org

Cc: charlotteroe@shinnecock.org, "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>,

Rebecca Kriss <rkriss@akrf.com>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, Stephen Holley <sholley@akrf.com>,

Nathan Riddle <nriddle@akrf.com>, WRY Project <WRYProject@dot.gov>

Dear Ms. Smith:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the Western

Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decision-making

process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties pursuant

to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review pursuant to

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 in 2009

(08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided in

the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of Potential

Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s proposed APE in its

August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page

2020-07-03_WRY APE Memo.pdf

6055K
8/18/2020 AKRF Mail - Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar8470885058227623697%7Cmsg-a%3Ar-68786588488... 1/1

Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Aug 17, 2020 at 1:55 PM

To: nathan.allison@mohican-nsn.gov

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)"

<Rebecca.Blatnica@dot.gov>, Stephen Holley <sholley@akrf.com>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss

<rkriss@akrf.com>, shannon.holsey@mohican-nsn.gov, WRY Project <WRYProject@dot.gov>

Dear Mr. Allison:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the Western

Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decision-making

process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties pursuant

to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review pursuant to

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 in 2009

(08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided in

the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of Potential

Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s proposed APE in its

August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page

2020-07-03_WRY APE Memo.pdf

6055K
3/19/2021 AKRF, Inc. Mail - Western Rail Yard Infrastructure Project, Consulting Parties

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar7776318712581800091%7Cmsg-a%3Ar-72160650076... 1/1

Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Consulting Parties

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Sep 21, 2020 at 11:03 AM

To: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>

Cc: Stephen Holley <sholley@akrf.com>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, "Blatnica,

Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, WRY Project

<WRYProject@dot.gov>

Bcc: scarroll@lpc.nyc.gov, Mitchell.silver@parks.nyc.gov, "Doyle, Noreen" <ndoyle@hrpt.ny.gov>, robert@thehighline.org,

scotsloon@gmail.com, info@panycarchaeology.org, president@anthraciterailroads.org, dstart.elhs@gmail.com, nrhsnyc@msn.com, tmeehan0421@gmail.com, mike@tristaterail.org, mjconnor_rr@hotmail.com

On behalf of the Federal Railroad Administration (FRA), this is a follow up to the email correspondence we sent on

August 6, 2020, regarding Consulting Parties pursuant to Section 106 of the National Historic Preservation Act for the

Western Rail Yard Infrastructure Project (Project) in New York County, New York.

FRA is interested in hearing back from your organization concerning your interest in participating as a Section 106

Consulting Party for this Project. Please do not hesitate to reach out to the project team via email

to WRYProject@dot.gov with any questions, as well as to notify us of your desire to accept or decline FRA’s Consulting

Party invitation. We look forward to hearing from you.

Best regards,

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
Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Consulting Parties

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Sep 21, 2020 at 11:05 AM

To: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>

Cc: Stephen Holley <sholley@akrf.com>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, "Blatnica, Rebecca

(Volpe)" <Rebecca.Blatnica@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, WRY Project <WRYProject@dot.gov>

Bcc: corrine.remington@yahoo.com, info@lenape-nation.org

On behalf of the Federal Railroad Administration (FRA), this is a follow up to the email correspondence we sent on August 6,

2020, regarding Consulting Parties pursuant to Section 106 of the National Historic Preservation Act for the Western Rail Yard

Infrastructure Project (Project) in New York County, New York.

FRA is interested in hearing back from your tribe concerning your interest in participating as a Section 106 Consulting Party for

this Project. Please do not hesitate to reach out to the project team via email to WRYProject@dot.gov with any questions, as well

as to notify us of your desire to accept or decline FRA’s Consulting Party invitation. We look forward to hearing from you.

Best regards,

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
Jennifer Morris <jmorris@akrf.com>

Re: Western Rail Yard Infrastructure Project: Transmittal of Draft Agency Coordination

Plan

1 message

Timothy Frye (LPC) <TFrye@lpc.nyc.gov> Tue, Sep 22, 2020 at 12:42 PM

To: Jennifer Morris <jmorris@akrf.com>

Cc: "Gina Santucci (LPC)" <GSantucci@lpc.nyc.gov>, Stephen Holley <sholley@akrf.com>

Hi Jennifer.

Thanks for clarifying. Yes, LPC is interested in participating as a consulting party.

Best,

Tim

Please note LPC staff is working remotely. The best way to reach me by phone is to call (646) 659-4972.

Timothy Frye

Director of Special Projects and Strategic Planning

1 Centre St., 9th Floor | New York, NY 10007

p: 212.669.1917 | tfrye@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com>

Date: Tuesday, September 22, 2020 at 12:31 PM

To: "Timothy Frye (LPC)" <TFrye@lpc.nyc.gov>
Cc: "Gina Santucci (LPC)" <GSantucci@lpc.nyc.gov>, Stephen Holley <sholley@akrf.com>

Subject: Re: FW: Western Rail Yard Infrastructure Project: Transmittal of Draft Agency Coordination Plan

Hi Tim -

Thanks for your message. The consulting parties invitation was circulated on 8/6, subsequent to LPC's

8/4 response on the agency coordination plan. I've confirmed that we are seeking a separate response

regarding LPC's interest in being a Section 106 consulting party for this project. Please call with any

questions.

Best,

Jennifer

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016

646.306.1376 | jmorris@akrf.com

On Tue, Sep 22, 2020 at 8:10 AM Timothy Frye (LPC) <TFrye@lpc.nyc.gov> wrote:

Hi Jennifer.

We recently received another inquiry regarding this project. Gina Santucci is out of the office this week, however, I’m

forwarding our email response from August 4th regarding the project. Please let me know if this is the response in question.

Best,

Tim

Please note LPC staff is working remotely. The best way to reach me by phone is to call (646) 659-4972.

Timothy Frye

Director of Special Projects and Strategic Planning

1 Centre St., 9th Floor | New York, NY 10007

p: 212.669.1917 | tfrye@lpc.nyc.gov

www.nyc.gov/landmarks

 
From: "Gina Santucci (LPC)" <GSantucci@lpc.nyc.gov>

Date: Tuesday, August 4, 2020 at 9:28 AM

To: WRY Project <WRYProject@dot.gov>

Cc: "kcibelli@akrf.com" <kcibelli@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, "Semel, Hilary"

<HSemel@cityhall.nyc.gov>, "Timothy Frye (LPC)" <TFrye@lpc.nyc.gov>, "Brazee, Olivia (PARKS)"

<Olivia.Brazee@parks.ny.gov>, "Cumming, Beth (PEB)" <Beth.Cumming@parks.ny.gov>

Subject: RE: Western Rail Yard Infrastructure Project: Transmittal of Draft Agency Coordination Plan

Hello Ms. Poole,

Please find attached LPC’s concurrence with the draft plan.

Thank you,

Gina Santucci

From: WRY Project <WRYProject@dot.gov> 

Sent: Monday, August 03, 2020 6:16 PM

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov>

Cc: WRY Project <WRYProject@dot.gov>; kcibelli@akrf.com; Rebecca Kriss <rkriss@akrf.com>

Subject: Western Rail Yard Infrastructure Project: Transmittal of Draft Agency Coordination Plan

Ms. Santucci,

The Federal Railroad Administration (FRA) is conducting the environmental analysis to evaluate the Western Rail Yard

Infrastructure Project in compliance with the National Environmental Policy Act (NEPA) of 1969 (42 USC 4321 et seq.), and will

prepare an Environmental Impact Statement (EIS) in compliance with NEPA, 23 U.S.C. § 139, the Council on Environmental

Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500‐1508), and 23 CFR part 771. 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 the Railroad Rehabilitation and Improvement Financing

(RRIF) Program, a loan program administered by the Build America Bureau (Bureau) of the U.S. Department of Transportation

(USDOT).
The Proposed Action would include: (1) a structural Platform (Platform); and (2) a railroad right-of-way preservation Tunnel

Encasement (Tunnel Encasement) to allow for privately-funded mixed-use development (Overbuild) and public open space

above the Platform. The 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. The Tunnel Encasement would

preserve the right-of-way for new rail infrastructure to maintain a functional, resilient, and improved trans-Hudson passenger

rail crossing into New York Penn Station. 

Consistent with Section 11503 of the Fixing America’s Surface Transportation Act of 2015 (FAST Act), the EIS will also be

prepared in accordance with 23 U.S.C. § 139 "Efficient Environmental Reviews for Project Decisionmaking." Your agency is a

Participating Agency for this EIS. 

Section 139 identifies requirements for coordination with permitting and resource agencies that may have an interest in the

Project. Specifically, 23 U.S.C. § 139(g)(1)(A) requires the lead agency to establish a plan for coordinating public and agency

participation in and comment on the environmental review process, and 23 U.S.C. § 139(g)(1)(B) permits the lead agency to

establish a schedule for completion of environmental review after consultation with and the concurrence of each participating

agency for the project. A draft of the Coordination Plan is attached, which includes a summary of the schedule for the

environmental review in Chapter 4, "Coordination Points and Anticipated Completion Dates," of the Coordination Plan (see

Table 4, "Schedule of Key Milestone Dates").

As your agency is a Participating Agency, we are seeking your comments on the Public and Agency Coordination Plan

(Coordination Plan) and your concurrence with the schedule for the environmental review. Please provide your

comments and/or concurrence by August 25, 2020 to me, Andrea Poole, at WRYProject@dot.gov. If no response is received

by this date, we will assume your agency has no comments on the Coordination Plan and concurs with the schedule. 

Once there is concurrence on the schedule, it will be made available to the public and agencies via the Permitting Dashboard

for Federal Infrastructure Projects consistent with 23 U.S.C. § 139(g)(1)(E), which states the schedule, and any modifications

to it, shall be provided to participating agencies and made available to the public.

Attached to this email are the Coordination Plan and FRAs meeting notes from our agency coordination meeting on July 21,

2020. We look forward receiving any comments your agency may have on the Coordination Plan, and to receiving your

agency’s concurrence on the schedule for the Western Rail Yard Infrastructure Project environmental review. FRA also looks

forward to continuing to work with the New York City Landmarks Preservation Commission to advance this critical infrastructure

project. If you have questions regarding the Coordination Plan or schedule, please contact me, Andrea Poole by email

(WRYProject@dot.gov) or at (202) 868-1221.

Sincerely,

Andrea E. Poole, PMP

Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 868-1221
Jennifer Morris <jmorris@akrf.com>

RE: [External] RE: [External] Section 106 Consultation - Western Rail Yard Infrastructure

Project

1 message

Shick, Laura (FRA) <Laura.Shick@dot.gov> Wed, Sep 23, 2020 at 11:51 AM

To: Sarah Stokely <sstokely@achp.gov>

Cc: "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, Jennifer Morris

<jmorris@akrf.com>

Thanks, Sarah! That is what I was assuming, but wanted to check.

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 366-0340

From: Sarah Stokely [mailto:sstokely@achp.gov] 

Sent: Wednesday, September 23, 2020 11:45 AM

To: Shick, Laura (FRA) <Laura.Shick@dot.gov>

Cc: Poole, Andrea (FRA) <andrea.poole@dot.gov>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Jennifer Morris

<jmorris@akrf.com>

Subject: RE: [External] RE: [External] Section 106 Consultation - Western Rail Yard Infrastructure Project

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open

attachments unless you recognize the sender and know the content is safe.

Hi Laura,

I apologize that I haven’t responded earlier.

The ACHP prefers to wait until FRA has made an adverse effect finding and then decide if we participate or not at that point of

your consultation.

Please let me know if you need additional information.
Thank you,

Sarah

From: Shick, Laura (FRA) [mailto:Laura.Shick@dot.gov] 

Sent: Wednesday, September 23, 2020 11:24 AM

To: Sarah Stokely

Cc: Poole, Andrea (FRA); Rebecca Blatnica; Jennifer Morris

Subject: [External] RE: [External] Section 106 Consultation - Western Rail Yard Infrastructure Project

Hi Sarah –

Would ACHP like to participate at this time? Or wait until we have an understanding of the potential effects to historic properties?

Thank you,

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 366-0340

From: Jaime Loichinger [mailto:jloichinger@achp.gov] 

Sent: Friday, August 07, 2020 9:14 AM

To: Jennifer Morris <jmorris@akrf.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>; Sarah Stokely <sstokely@achp.gov>

Subject: Re: [External] Section 106 Consultation - Western Rail Yard Infrastructure Project

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open

attachments unless you recognize the sender and know the content is safe.

Thank you for this notification; Sarah Stokely (copied here) will be the ACHP's point of contact if you have any questions.

Sincerely,
Jaime Loichinger

Advisory Council on Historic Preservation

(202) 517-0219

jloichinger@achp.gov

From: Jennifer Morris <jmorris@akrf.com>

Sent: Thursday, August 6, 2020 8:25 PM

To: Jaime Loichinger <jloichinger@achp.gov>

Cc: Laura Shick <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>; Rebecca Blatnica <Rebecca.Blatnica@dot.gov>

Subject: [External] Section 106 Consultation - Western Rail Yard Infrastructure Project

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
U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590

Federal Railroad 

Administration 

October 15, 2020

Mr. Daniel Mackay, Deputy Commissioner

Division for Historic Preservation 

New York State Historic Preservation Office

Peebles Island State Park, P.O. Box 189 

Waterford, NY 12188 

Re: Western Rail Yard Infrastructure Project, New York County, NY (20PR03990) 

Historic Architectural Resources Background Study / Effects Determination

Dear Mr. Mackay:

This letter continues Federal Railroad Administration’s (FRA) consultation with your office 

pursuant to Section 106 of the National Historic Preservation Act and its implementing 

regulations (36 CFR 800) for the Western Rail Yard Infrastructure Project (20PR03990). 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 mixed-use development and public open 

space above the Platform.

FRA initiated Section 106 consultation on July 03, 2020, via an online submission to your 

office’s Cultural Resource Information System; our submission included the proposed Area of 

Potential Effects (APE) for the undertaking, and a list of potential Consulting Parties. On 

August 03, 2020, your office concurred with FRA’s definition of the APE, which consists of the 

Western Rail Yard plus an area 800 feet in all directions from its boundaries, and with FRA’s 

proposed list of consulting parties. 

The Project consultant, AKRF, has prepared a Historic Architectural Resources Background Study 

and Effects Assessment (HARBS/EA) for the Project. This report identifies historic properties, as 

defined in 36 CFR 800.16(l), within the APE, the methodology used for identifying those properties, 

and provides an assessment of the Project’s potential effects to identified historic properties. The 

findings from the HARBS/EA report are summarized below. The full report is enclosed for your 

review and comment.

Identification of Historic Properties

As detailed in the HARBS/EA report, AKRF identified five historic properties eligible for listing 

in the National Register of Historic Places (NRHP-eligible) in the APE: the New York 

Improvements and Tunnel Extension of the Pennsylvania Railroad (North River Tunnel), the 

High Line, Hudson River Bulkhead, the former W & J Sloane Warehouse and Garage, and the 

West Chelsea Historic District. No NRHP-listed historic properties were identified in the APE. 

One of the NRHP-eligible historic properties, the West Chelsea Historic District, is locally 
designated by the City of New York. 

In its letter to FRA dated August 3, 2020, NYSHPO noted that it has no archaeological concerns 

with the proposed undertaking due to the heavily disturbed nature of the APE. 

Assessment of Effects

In accordance with 36 CFR 800.5(a), FRA has applied the criteria of effects to the undertaking. 

FRA has determined that the undertaking will have no adverse effect on historic properties 

within the APE, in accordance with 36 CFR 800.5(b). 

In reaching this finding, FRA considered physical, auditory, and visual effects. FRA has 

determined that the project will have no physical effect on historic properties. As noted in the 

HARBS/EA “The Hudson Yards neighborhood is experiencing a wave of development of new 

tall and modern skyscraper buildings.” FRA has taken into consideration that the historic 

properties in the APE exist in a mixed built context of smaller, older and masonry clad buildings 

and taller buildings of recent construction with metal and glass curtain walls. FRA has 

determined that the Project will have no adverse visual or auditory effect on historic properties. 

Request for Review and Comment

FRA respectfully requests that your office provide comments on FRA’s efforts to identify 

historic properties in the APE and its finding that the proposed undertaking will have “No 

Adverse Effect” on historic properties. FRA staff are working remotely and therefore we request 

that you please reply via email within 30 days of receipt of this submittal. 

By copy of this letter, FRA is also providing the HARBS/EA report to Consulting Parties for 

their review and comment concurrent with your office. 

If you have any questions please contact Laura Shick at WRYProject@dot.gov, or (202) 366-0340. 

FRA looks forward to continuing consultation with your office on this Project and receiving your 

comments on the HARBS/EA report and determination of effects. 

Sincerely,

Stephanie B. Perez, PG

Supervisory Environmental Protection Specialist

Environmental & Project Engineering Division 

Office of Railroad Policy & Development

Enclosures 

cc: Nathan Allison, Tribal Historic Preservation Office, Stockbridge-Munsee Mohican Tribe 

Marie Corrado, Senior Director, Gateway Program, Amtrak 

Timothy Frye, Director of Special Projects & Strategic Planning NYC Landmarks 

Preservation Commission
Jennifer Morris <jmorris@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

Jennifer Morris <jmorris@akrf.com> Thu, Oct 15, 2020 at 4:44 PM

To: nathan.allison@mohican-nsn.gov, "Corrado, Marie" <Marie.Corrado@amtrak.com>, "Timothy Frye (LPC)" <TFrye@lpc.nyc.gov>

Cc: Stephen Holley <sholley@akrf.com>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, "Poole, Andrea (FRA)"

<andrea.poole@dot.gov>, "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, WRY Project <WRYProject@dot.gov>, Keri Cibelli

<kcibelli@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, Nathan Riddle <nriddle@akrf.com>, "Perez-Arrieta, Stephanie (FRA)"

<s.perez-arrieta@dot.gov>

Dear Mr. Allison, Ms. Corrado, and Mr. Frye:

Please find the attached correspondence from the Federal Railroad Administration for the Western Rail Yard Infrastructure Project

in New York County, New York, pursuant to Section 106 of the National Historic Preservation Act.

The referenced Historic Architectural Resources Background Study and Effects Assessment has been posted to a file transfer

site due to its size, see the access instructions below.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Stephanie Perez

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

************************************

AKRF WebFolders LogOn Instructions

1. Click on (or otherwise navigate to): https://nyctransfer.akrf.com

Login with credentials: 

Username: Section106WRYIP

Password: rU6kY7qH3rZ8

[Please Note: Username and Password are cAsE sEnsItive] 

2. A window should appear where you can:

Select extranet files to transfer to your computer; or

Select files on your computer to transfer to the extranet.

Notes:

Files stored on AKRF's WebFolders system are available for thirty days only, based on the date they were uploaded.

WebFolders works best with the latest version of your web browser. If you are using an older web browser or a mobile phone ,

you may have trouble using the "full version" of the site: After a successful login, try the "View Lite Version" link at the bottom of

the page.

If you are having trouble, contact your IT department. For password issues, contact AKRF's IT Help Desk (646) 388-9729 or email

us.
2020-10-15_WRYIP_HARBS EA Submission Letter to NYSHPO.pdf

182K
Jennifer Morris <jmorris@akrf.com>

RE: SHPO Unrequested Submission Accepted for Consultation Project: 20PR03990

1 message

Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> Thu, Oct 15, 2020 at 5:04 PM

To: Jennifer Morris <jmorris@akrf.com>

Cc: "Laura.Shick@dot.gov" <Laura.Shick@dot.gov>, "sholley@akrf.com" <sholley@akrf.com>, "Amanda Sutphin (LPC)"

<ASutphin@lpc.nyc.gov>, "Timothy Frye (LPC)" <TFrye@lpc.nyc.gov>, "Cumming, Beth (PEB)" <Beth.Cumming@parks.ny.gov>, "Mackey,

Linda (PARKS)" <Linda.Mackey@parks.ny.gov>

Thanks, please cc: me directly on those submissions as I am responsible for data entry and circulation to staff.

Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Thursday, October 15, 2020 5:01 PM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Laura.Shick@dot.gov; sholley@akrf.com; Amanda Sutphin (LPC) <ASutphin@lpc.nyc.gov>; Timothy Frye (LPC) <TFrye@lpc.nyc.gov>;

Cumming, Beth (PEB) <Beth.Cumming@parks.ny.gov>; Mackey, Linda (PARKS) <Linda.Mackey@parks.ny.gov> 

Subject: Re: SHPO Unrequested Submission Accepted for Consultation Project: 20PR03990

Hi Gina -

The CRIS submission was emailed to Tim Frye. Please let me know if you have any trouble downloading the file

(which is large) from the file transfer site.

Best,

Jennifer

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016

646.306.1376 | jmorris@akrf.com
On Thu, Oct 15, 2020 at 3:49 PM Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> wrote:

Hi all,

Please include LPC on the mailing list for these documents as well.

Thanks,

Gina Santucci

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: New York State Parks CRIS Application <cris.web@parks.ny.gov> 

Sent: Thursday, October 15, 2020 4:38 PM 

To: jmorris@akrf.com; Laura.Shick@dot.gov; sholley@akrf.com; Amanda Sutphin (LPC) <ASutphin@lpc.nyc.gov>; Gina Santucci (LPC)

<GSantucci@lpc.nyc.gov> 

Subject: SHPO Unrequested Submission Accepted for Consultation Project: 20PR03990

This message is a notification from the New York State Historic Preservation Office (SHPO) through its Cultural

Resource Information System (CRIS). Unrequested submission P76NTU2FHOJC has been accepted for project

20PR03990 (Western Rail Yard Platform Project). Its new submission number is 20PR03990.003. Below is the

submission description provided by the submitter: 

Historic Architectural Resources Background Study and Effects Assessment

No action on your part is required at this time. SHPO review of the submission is currently in progress, and you

will receive updates by email.

If you have any questions about CRIS, please contact CRIS Help at CRISHelp@parks.ny.gov. For any other

questions, please call 518-237-8643. 

Sincerely, 

New York State Historic Preservation Office

Peebles Island State Park, P.O. Box 189, Waterford, NY 12188-0189 

518-237-8643 | https://parks.ny.gov/shpo

CRIS: https://cris.parks.ny.gov

Are you registered to vote? Register to vote online today. Moved recently? Update your information with the NYS Board of Elections.

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You are receiving this email as part of an online service administered by New York State Parks, Recreation and

Historic Preservation's Division for Historic Preservation, also known as the New York State Historic

Preservation Office (SHPO). The Cultural Resource Information System (CRIS) is an advanced Geographic

Information System application that provides access to New York State's vast historic and cultural resource

databases and digitized paper records. In addition, CRIS serves as an interactive portal for agencies,

municipalities and the public who use or require consultation with our agency on historic preservation programs

or issues. 

Our email to you is in direct response to material that was submitted to our office regarding a project for which

you were identified as a contact. Such projects include actions that are reviewable by our agency under the

National Historic Preservation Act of 1966 (Section 106), the New York State Historic Preservation Act (Section

14.09 NYSPRHPL), or the State Environmental Quality Review Act (SEQRA). 

If you did not enter this project directly into CRIS, you are receiving this notification as SHPO or another project

contact has entered it in our system. You will receive future correspondence for this project via email.

You may access the project in CRIS at https://cris.parks.ny.gov/. If you are a registered CRIS user, the project

will appear in the My Projects tab on your Home dashboard. If you are a guest user, you may view the project

details using the Find My Project form on the CRIS Home page after you click Proceed as Guest, or by

entering the submission token (P76NTU2FHOJC) in the Lookup tab on the Search page.
Historic Architectural Resources Background 

Study/Effects Assessment Report 

Western Rail Yard Infrastructure Project 

New York, NY 

Prepared for: 

United States Department of Transportation

Federal Railroad Administration 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Prepared by: 

440 Park Avenue South 

New York, NY 10016 

www.akrf.com

October 15, 2020 
Historic Architectural Resources Background Study/Effects Assessment 

Report 

Western Rail Yard Infrastructure Project 

New York, NY 

NYSHPO Number: 20PR03990 

Principal Investigator: Jennifer Morris, AICP 

Prepared by: AKRF, Inc.

440 Park Avenue South

New York, NY 10016 

Prepared for: United States Department of Transportation

Federal Railroad Administration 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Date: October 15, 2020 
S-1 October 15, 2020 

EXECUTIVE SUMMARY 

AKRF, Inc. completed a Historic Architectural Resources Background Study and Effects Assessment in 

the Area of Potential Effects (APE) for the Western Rail Yard Infrastructure Project (the Project) in the 

City of New York, New York. 

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)—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 

in New York County, New York. The USDOT’s Federal Railroad Administration (FRA) is the lead 

federal agency performing the environmental review for the Project, and has determined the Project 

constitutes an undertaking under Section 106 of National Historic Preservation Act (NHPA) of 1966, as 

amended, and the Advisory Council on Historic Preservation’s (ACHP) Section 106 implementing 

regulations at 36 Code of Federal Regulations (CFR) Part 800 (Section 106). FRA is preparing an EIS for 

the Project in compliance with the National Environmental Policy Act (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. FRA is integrating the Section 106 process with the NEPA 

compliance process for the Project in accordance with the Section 106 regulations at 36 (CFR Part 800.8 

and the ACHP’s guidance document entitled NHPA: A Handbook for Integrating NEPA and Section 106 

(March 2013). This report documents AKRF’s efforts, on behalf of FRA, to identify historic architectural 

properties in the APE and to assess the Project’s potential effects on identified historic properties pursuant 

to Section 106. 

The Historic Architectural Resources Background Study and Effects Assessment identified five historic 

properties eligible for listing in the National Register of Historic Places (NRHP-eligible) in the APE: the 

New York Improvements and Tunnel Extension of the Pennsylvania Railroad (North River Tunnel), the 

High Line, Hudson River Bulkhead, former W & J Sloane Warehouse and Garage, and the West Chelsea 

Historic District. No NRHP listed historic properties were identified in the APE. One of the NRHPeligible historic properties is locally designated by the City of New York: the West Chelsea Historic 

District.

AKRF has concluded that the Project would not result in adverse effects to historic properties. 
Historic Architectural Resources Background Study/Effects Assessment Report 

i October 15, 2020 

TABLE OF CONTENTS 

1.0 INTRODUCTION ........................................................................................................1-1

1.1 REGULATORY CONTEXT ...........................................................................................1-1

1.2 PROJECT DESCRIPTION ..............................................................................................1-2

PLATFORM ........................................................................................................................1-3

TUNNEL ENCASEMENT .................................................................................................1-4

1.3 AREA OF POTENTIAL EFFECTS ................................................................................1-5

2.0 PROJECT GOALS AND METHODOLOGY ...........................................................2-1

2.1 RESEARCH .....................................................................................................................2-1

2.2 HISTORIC ARCHITECTURE FIELD RECONNAISSANCE .......................................2-1

2.3 CONSULTING PARTY AND PUBLIC INVOLVEMENT ...........................................2-1

3.0 BACKGROUND RESEARCH ....................................................................................3-1

3.1 HISTORIC CONTEXT ....................................................................................................3-1

3.2 SUMMARY OF PRIOR HISTORIC PROPERTY INVESTIGATIONS ........................3-2

PREVIOUS SURVEYS ......................................................................................................3-2

KNOWN HISTORIC PROPERTIES ..................................................................................3-4

4.0 HISTORIC ARCHITECTURAL RESOURCES BACKGROUND STUDY ..........4-1

4.1 SURVEY OF HISTORIC PROPERTIES ........................................................................4-1

4.2 DESCRIPTION OF EXISTING HISTORIC PROPERTIES ..........................................4-1

New York Improvements and Tunnel Extension of the Pennsylvania Railroad (#1) .........4-1

High Line (#2) .....................................................................................................................4-2

Hudson River Bulkhead (#3) ...............................................................................................4-3

W & J Sloane Warehouse and Garage (#4) .........................................................................4-3

West Chelsea Historic District (#5) .....................................................................................4-4

5.0 ASSESSMENT OF EFFECTS .....................................................................................5-1

5.1 CONSTRUCTION- AND OPERATIONAL-RELATED EFFECTS ..............................5-1

5.2 INDIRECT EFFECTS .....................................................................................................5-2

5.3 SUMMARY OF EFFECTS ASSESSMENT ...................................................................5-3

6.0 CONCLUSIONS AND RECOMMENDATIONS ......................................................6-1

7.0 SOURCES ......................................................................................................................7-1

TABLES: 

Table 4-1: Historic Properties in the Area of Potential Effects (APE) ................................................... 4-1 

Table 5-1: Historic Properties in the Area of Potential Effects (APE) and Effects Assessment ............ 5-2 
Historic Architectural Resources Background Study/Effects Assessment Report 

ii October 15, 2020 

LIST OF FIGURES 

Figure 1 Area of Potential Effects 

Figure 2 Area of Potential Effects and Location of Historic Properties 

Figures 3a/3b Historic Properties: High Line Photographs 

Figure 4 Historic Properties: Hudson River Bulkhead Photographs 

Figures 5a/5b Historic Properties: Former W & J Sloane Warehouse and Garage Photographs 

Figure 6 Historic Properties: West Chelsea Historic District Photographs 

Figure 7 Platform 

Figure 8 Tunnel Encasement 

LIST OF APPENDICES 

Appendix A Qualifications of the Principal Investigator 

Appendix B Project Documents 

Appendix B-1: Agency Correspondence 

Appendix B-2: Proposed Area of Potential Effects 

Appendix C National Register Criteria & Criteria of Adverse Effect 

Appendix D Record of Public Consultation 

Appendix E Project Drawings 

Appendix F Previous Inventory Forms & National Register Eligibility Determinations 
Historic Architectural Resources Background Study/Effects Assessment Report 

1-1 October 15, 2020 

1.0 INTRODUCTION 

AKRF, Inc. completed a Historic Architectural Resources Background Study and Effects Assessment 

within the Area of Potential Effects (APE) for the Western Rail Yard Infrastructure Project (the “Project”, 

synonymous in this document with the “Proposed Action” and the “undertaking”) in the City of New 

York, New York. 

Jennifer Morris served as the Principal Investigator for historic properties, and meets the professional 

qualifications standards of 36 CFR 61 set forth by the National Park Service (see Appendix A). Amy 

Crader conducted the photography for this report. Eunice Inquimboy and Danny Goodman prepared 

report graphics. Stephen Holley and Nathan Riddle served as report editors. 

1.1 REGULATORY CONTEXT 

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 (the Project 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 

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 joint venture can provide additional new capacity for real 

estate development and house critical life safety and mechanical, electrical and plumbing support services 

for the yard, including new lighting, sprinklers and an extensive Platform ventilation system; and (2) 

preserve a right-of-way through the Western Rail Yard to support the future construction of a transHudson passenger rail crossing into New York Penn Station. The USDOT’s Federal Railroad 

Administration (FRA) is the lead federal agency performing the environmental review for the Project, and 

has determined the Project constitutes an undertaking under Section 106 of National Historic Preservation 

Act (NHPA) of 1966, as amended, and the Advisory Council on Historic Preservation’s (ACHP) Section 

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

Section 106 (36 CFR 800) mandates federal agencies to take into account the effects of their undertakings 

on historic properties, including historic architectural resources and archaeological resources, and afford 

the ACHP a reasonable opportunity to comment on such undertakings. Section 106 requires consultation 

with the appropriate State Historic Preservation Officers (SHPOs), in this case the New York State Office 

of Parks, Recreation and Historic Preservation (OPRHP/New York State Historic Preservation Office 

[NYSHPO]); Federally recognized Indian tribes that might attach religious and cultural significance to 

historic properties affected by the Project; and additional consulting parties with a demonstrated interest 

in the Project based on a legal or economic relation to affected properties, or an interest in the Project’s 

effects on historic properties. The lead federal agency, in consultation with the SHPO and consulting 

parties, must determine whether a proposed action would have any adverse effects on historic properties 

within the APE and seek ways to avoid, minimize or mitigate any adverse effects. 

FRA is preparing an EIS for the Project in compliance with the National Environmental Policy Act 

(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. FRA is integrating the Section 106 process 

with the NEPA compliance process for the Project in accordance with the Section 106 regulations at 36 

(CFR Part 800.8 and the ACHP’s guidance document entitled NHPA: A Handbook for Integrating NEPA 

and Section 106 (March 2013). There may be historic properties identified during the Section 106 process 

that are also subject to review under Section 4(f) of the U.S. Department of Transportation Act of 1966. 
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Project Site (Western Rail Yard)

Area of Potential Effects

Hudson Yards

Approximate Terra Firma Area

Proposed Platform

Existing Concrete Encasement

Proposed Tunnel Encasement

High Line
Historic Architectural Resources Background Study/Effects Assessment Report 

1-2 October 15, 2020 

When a project is being reviewed pursuant to Section 106, the procedures of Section 14.09 of the New 

York State Historic Preservation Act (SHPA) do not apply, and any review and comment by NYSHPO 

must be within the framework of Section 106 regulations (New York State Historic Preservation Act § 

14.09[2]). The cultural resources study for the Project will fulfill cultural resource compliance obligations 

under NEPA and Section 106. FRA will consult with NYSHPO and other consulting parties to identify 

historic properties that have the potential to be affected by the No Action Alternative and Proposed 

Action and determine the nature of the potential effects on those properties. 

This report documents AKRF’s efforts, on behalf of FRA, to identify historic properties in the APE and to 

assess the Project’s potential effects on identified historic properties pursuant to Section 106. Specifically, 

this Historic Architectural Resources Background Study/Effects Assessment Report: 1) identifies the 

Project’s APE, which is the geographic area within which the Project may affect a historic property; 2) 

identifies historic properties within the APE; and 3) assesses the potential effects of the Project on 

identified historic properties, which consist of properties that are listed in the National Register of 

Historic Places (NRHP) or are eligible for listing in the NRHP (NRHP-eligible). 

With regard to archaeological resources, NYSHPO and the New York City Landmarks Preservation 

Commission (LPC) have previously reviewed the two components of the Project, and the Western Rail 

Yard site has been determined not to be an archaeologically sensitive area. The Platform (and the 

Overbuild mixed-use development) were reviewed in accordance with Section 14.09 during the State 

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

for the Western Rail Yard Project in the 2009 Western Rail Yard Project Final Environmental Impact 

Statement (2009 SEQRA/CEQR FEIS). 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 sensitive for archaeological resources. The Tunnel Encasement is the 

third and westernmost segment of the entire right-of-way preservation concrete casing that previously 

underwent environmental reviews led by FRA, which included reviews in accordance with Section 106 of 

the National Historic Preservation Act of 1966 (as amended) and its implementing regulations at 36 Code 

of Federal Regulations (CFR) Part 800. In a letter to FRA dated August 3, 2020, NYSHPO noted that it 

has no archaeological concerns with the proposed undertaking (see Appendix B-1). The historical maps 

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

2004 FGEIS, and the 2013 Environmental Assessment for Construction of a Concrete Casing in the 

Hudson Yards, New York, New York (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.

1.2 PROJECT DESCRIPTION 

The Proposed Action includes a structural Platform (Platform), and a railroad right-of-way preservation 

Tunnel Encasement (Tunnel Encasement). 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 joint venture 

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 and modernize state-of-the-art life safety systems for the entire 
Historic Architectural Resources Background Study/Effects Assessment Report 

1-3 October 15, 2020 

Western Rail Yard.1

 MTA has sought to maximize the revenue generation potential of its real estate 

assets, and when Hudson Yards was redeveloped in 1986, the tracks and other facilities were laid out to 

accommodate the columns that would be required for future development. Currently, there is no capacity 

for development over the Western Rail Yard without construction of the Platform. The 2005 Hudson 

Yards rezoning included the extension of the No. 7 IRT Flushing Line subway to 34th Street and 

Eleventh Avenue, providing new and closer access to the subway system in this area, which made private 

development considerably more attractive and viable in this part of Manhattan. The 2005 Hudson Yards 

rezoning also provided for the development of a mix of uses and densities, including a provision for open 

space. 

Construction of the Tunnel Encasement is necessary to maintain the ability to preserve passenger rail 

service in and out of New York Penn Station.2

 New rail infrastructure is part of the multi-state and multiagency effort by Amtrak and others 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 objectives of the Proposed Action include: 

 Maintain safe, continuous, and uninterrupted LIRR operations, construct critical life safety and 

ventilation systems, and modernize operational facilities within the Western Rail Yard; 

 Support the ability to meet the revenue-generation goals of the MTA, the owner of the Western 

Rail Yard; 

 Provide support for the economic, social, and recreational life of the Hudson Yards area and the 

City; and 

 Preserve opportunities to enable future growth of passenger rail service and to maintain a 

functional, resilient, and improved trans-Hudson passenger rail crossing into New York Penn 

Station.

PLATFORM 

The Proposed Action would construct a new approximately 425,000 square foot (9.8-acre) Platform 

spanning the Western Rail Yard, to cover the active rail yard below and to support the privately-funded 

as-of-right mixed-use development and public open space above (the Overbuild development) (Figures 1 

and 7). 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. To 

support the Overbuild, the Platform would require deep footings, reinforced building foundations, and a 

concrete slab to transfer the building loads to the bedrock below. Approximately four hundred (400) 

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

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. When Hudson Yards was redeveloped in 1986 the tracks and other 

facilities were reconfigured, and laid out to accommodate the columns that future development would 

 

1

 MTA’s subsidiary agencies include LIRR, Metro-North Railroad, New York City Transit (NYCT), Capital 

Construction Company, Staten Island Railway, Regional Bus Operations, and Bridges and Tunnels. 

2 Hudson Tunnel Project, Draft Environmental Impact Statement and Draft Section 4(f) Evaluation, June 2017, 

includes a Preferred Alternative consisting of the construction of a new rail tunnel under the Hudson River, 

including railroad infrastructure in New Jersey and New York connecting the new rail tunnel to the Northeast 

Corridor and into New York Penn Station. 
!

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Project Site (Western Rail Yard)

Area of Potential Effects

Hudson Yards

Approximate Terra Firma Area

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Existing Concrete Encasement

Proposed Tunnel Encasement

F

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! Photograph View Direction and

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! High Line

! Hudson River Bulkhead

! W & J Sloane Warehouse and Garage

! West Chelsea Historic District










9.18.20

Historic Properties—High Line Photographs

Figure 3a

View to High Line, looking east on West 30th Street near Twelfth Avenue/Route 9A 2

View northeast to High Line from Twelfth Avenue/Route 9A and West 30th Street 1

WESTERN RAIL YARD INFRASTRUCTURE PROJECT
9.18.20

Historic Properties—High Line Photographs

Figure 3b

4

View south to High Line from Twelfth Avenue/Route 

9A and West 33rd Street

View east to High Line from Twelfth Avenue/Route 9A and West 33rd Street 3

WESTERN RAIL YARD INFRASTRUCTURE PROJECT
9.18.20

Figure 4

Hudson River Bulkhead, view north at Hudson River 

and West 29th Street

Hudson River Bulkhead, view north at Hudson River and West 34th Street

6

5

Historic Properties—Hudson River Bulkhead 

Photographs

WESTERN RAIL YARD INFRASTRUCTURE PROJECT
9.18.20

View northeast on West 29th Street, 

east of Eleventh Avenue

View northeast at Eleventh Avenue and West 29th Street

8

7

Historic Properties—Former W & J Sloane 

Warehouse and Garage Photographs

WESTERN RAIL YARD INFRASTRUCTURE PROJECT Figure 5a
9.18.20

Figure 5b

Historic Properties—Former W & J Sloane 

Warehouse and Garage Photographs

View northeast on West 29th Street, east of Eleventh Avenue 9

WESTERN RAIL YARD INFRASTRUCTURE PROJECT
9.18.20

Figure 6

West Chelsea Historic District, view east at Eleventh Avenue and West 27th Street

New York Terminal Warehouse Company, Central Stores, in West Chelsea Historic 

District—view southwest at Eleventh Avenue and West 28th Street

11

10

Historic Properties—West Chelsea 

Historic District Photographs

WESTERN RAIL YARD INFRASTRUCTURE PROJECT
10.15.20

Figure 7

Platform

Source: WRY Tenant LLC

WESTERN RAIL YARD INFRASTRUCTURE PROJECT
Historic Architectural Resources Background Study/Effects Assessment Report 

1-4 October 15, 2020 

require. As a result, no existing storage tracks would be displaced and train service would be maintained 

during the construction of the Platform. 

The Platform would cover the railroad storage tracks and maintenance facilities in MTA’s rail yard, 

which LIRR uses and operates. The construction of the Platform would require the reconstruction and 

modernization of other LIRR support services including existing emergency electrical equipment, 

approximately 20,000 square feet of railroad staff facilities, and rail car cleaning services. The proposed 

Platform would house critical life safety and mechanical, electrical, and plumbing support services for the 

yard, including new lighting, sprinklers and an extensive platform ventilation system. 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. 

At its northern end, the Western Rail Yard contains a 12-car cleaning platform, formerly used to service 

and clean railroad equipment. This platform 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 end of the terra firma (at 

grade solid ground) portion of the site, adjacent Twelfth Avenue. The service buildings will be 

reconstructed in accordance with LIRR program requirements on the Project Site. 

The Platform and 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 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). 

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, NYSHPO confirmed it had no further 

archaeological concerns with the Western Rail Yard project. 

TUNNEL ENCASEMENT 

The Tunnel Encasement in the Western Rail Yard would be an extension of the existing concrete casing 

to the east of the Project Site and would preserve railroad right-of-way through the southern portion of the 

Western Rail Yard (Figure 8). This segment of Tunnel Encasement would connect to the recently 

constructed underground right-of-way (ROW) preservation concrete casing, which begins just east of 

Tenth Avenue (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 originate at the western end of the underground concrete casing in the Eastern Rail Yard, extend 

under the Eleventh Avenue viaduct, and would continue diagonally across approximately two-thirds of 

the Western Rail Yard, underneath a portion of the High Line3

, and end at 30th Street. 

 

3 The High Line is an historic elevated former freight rail line, which has been converted into a public 

aerial linear park and greenway.
10.15.20

Figure 8

Tunnel Encasement

Source: Amtrak

WESTERN RAIL YARD INFRASTRUCTURE PROJECT
Historic Architectural Resources Background Study/Effects Assessment Report 

1-5 October 15, 2020 

The tunnel box on the Project Site would be approximately 605 feet long, between 50 and 65 feet wide, 

and between 27 and 38 feet high. It would be constructed through a terra firma portion of the Western 

Rail Yard site that will not be covered by the new Platform. Together, the Tunnel Encasement below both 

rail yards (Eastern and Western Rail Yards) would preserve a total ROW of approximately 1,400 feet. 

Construction of the Tunnel Encasement would require excavation of approximately 66,000 cubic yards of 

soil and 14,000 cubic yards of rock. 

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 re-support onto new foundations of either total (both) 

columns or partial (one) columns. 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 of the Tunnel Encasement would involve 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 property dates from the 1986-87 redevelopment of the rail yard. 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 firefighting 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. 

Most construction staging for the Tunnel Encasement is planned to occur on the Project Site, possibly 

extending into some adjacent sidewalks and parking lanes during certain phases of construction. No offsite staging is anticipated.

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

concrete casing that previously underwent environmental reviews led by FRA, which included reviews in 

accordance with Section 106 of the National Historic Preservation Act of 1966 (as amended) and its 

implementing regulations at 36 Code of Federal Regulations (CFR) Part 800. The eastern portion of the 

concrete casing, extending beneath the Eastern Rail Yard was completed in 2015. In a letter dated April 1, 

2013, NYSHPO confirmed it had no archaeological concerns regarding the concrete encasement. In a 

letter dated July 22, 2014, NYSHPO concurred with FRA’s determination that the undertaking would 

have no adverse effect 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). 

1.3 AREA OF POTENTIAL EFFECTS 

Under Section 106, the APE is defined as “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]). The APE is influenced by the scale and nature of an undertaking. 

FRA developed the APE for the Project described herein and depicted in Figure 1 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.4

 Effects may include 

 

4 National Register Bulletin No. 21, Defining Boundaries for National Register Properties, prepared by 

the National Park Service, 1995, revised 1997
Historic Architectural Resources Background Study/Effects Assessment Report 

1-6 October 15, 2020 

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 NRHP in a manner that would diminish the integrity of the property's location, design, 

setting, materials, workmanship, feeling, or association. 

The APE encompasses the area 800 feet in all directions from the Western Rail Yard site boundary 

(depicted in white/red hashed line in Figure 1). The 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 APE also accounts for the potential indirect effects of the Overbuild. The 

APE encompasses a sufficiently large area 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 below-ground (archaeological) resources will be limited to the area of 

anticipated ground disturbance, which is within the Western Rail Yard site boundary. 

The 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 (2013 and 

2014) evaluations of the entire right-of-way preservation concrete encasement (of which the Tunnel 

Encasement is the westernmost third segment, as described above). 

A more detailed description of the APE is provided in a memorandum that was provided by FRA to 

NYSHPO on July 3, 2020 (as part of FRA’s formal initiation of Section 106 review for the Project), and 

to Federally-recognized Indian tribes and potential consulting parties on August 17, 2020 (see Appendix 

B-1 and Appendix D). In its letter to FRA dated August 3, 2020, NYSHPO noted that it has no 

archaeological concerns with the proposed undertaking (see Appendix B-1). To date, none of the 

contacted Federally-recognized tribes or consulting parties have commented on the APE. 
Historic Architectural Resources Background Study/Effects Assessment Report 

2-1 October 15, 2020 

2.0 PROJECT GOALS AND METHODOLOGY 

The goals of this report are to identify historic properties in the APE, assess the Project’s potential effects 

on historic properties according to the Criteria of Adverse Effect (36 CFR 800.5), and to provide 

recommendations with respect to avoiding, minimizing and mitigating adverse effects on historic 

properties. The NRHP evaluation criteria and Criteria of Adverse Effect are included in Appendix C.

This Historic Architectural Resources Background Study/Effects Assessment report has been prepared 

following the methodology established in the September 2020 Environmental Impact Statement Draft 

Effects Assessments Methodology Report prepared for the Project.

2.1 RESEARCH 

On behalf of FRA, AKRF undertook research to locate previously identified historic properties in the 

APE, to identify the potential in the APE for previously unidentified and un-surveyed historic properties 

over 50 years of age that may meet National Register criteria, and to develop a historic context in which 

to identify historic properties. Research included a review of previous surveys of historic properties and 

environmental documents undertaken in the geographic area in which the Project’s APE is located (see 

Section 3.2 of this report). 

On behalf of FRA, AKRF collected information concerning the NRHP eligibility status of previously 

evaluated buildings and structures within the APE from NYSHPO’s online Cultural Resource 

Information System (CRIS). The New York City Landmarks Preservation Commission (LPC) data 

sources for properties locally designated as New York City Landmarks and Historic Districts and 

properties pending such designation in the City of New York were reviewed, including LPC’s Official 

Map of the City of New York available on LPC’s website. Additional background research included a 

review of historic maps, photographs, and relevant periodicals and newspapers. 

2.2 HISTORIC ARCHITECTURE FIELD RECONNAISSANCE 

AKRF undertook fieldwork in September 2020, led by an architectural historian meeting the Secretary of 

the Interior’s Professional Qualification Standards for Architectural History (36 CFR Part 61) to: 

1. Verify the presence/conditions of historic properties identified in previously completed surveys; and 

2. Review the APE to identify if there are properties that require evaluation if they have reached an age 

of 50 years subsequent to the preparation of previously completed surveys of historic properties. 

2.3 CONSULTING PARTY AND PUBLIC INVOLVEMENT 

Section 106 requires federal agencies to notify the public of proposed projects and offer the public an 

opportunity to provide input in a timely manner. A member of the public with a demonstrated interest in 

an undertaking may request and receive consulting party status from the federal agency. FRA identified 

Federally-recognized Indian tribes and consulting parties (organizations and individuals which could have 

an interest in the Project based on a legal or economic relation to affected properties or an interest in the 

Project’s effects on historic properties) and submitted a list to NYSHPO as part of its July 3, 2020 Section 

106 initiation package. FRA also sent Section 106 consultation initiation letters to four Federallyrecognized Indian tribes on July 29, 2020. FRA sent letters inviting additional consulting parties to 

participate in the Section 106 process on August 6, 2020. The consulting party letters provided 

information about the Project and requested information regarding any concerns related to the potential 

effects of the Project on historic properties. FRA invited the following parties to participate in Section 

106 consultation: Delaware Nation, Delaware Tribe, Stockbridge-Munsee Community of Mohican 

Indians of Wisconsin, Shinnecock Indian Nation, Advisory Council on Historic Preservation, New York 

City Landmarks Preservation Commission (NYCLPC), New York City Department of Parks and 

Recreation, Amtrak, Hudson River Park Trust, Friends of the High Line, Society for Industrial 
Historic Architectural Resources Background Study/Effects Assessment Report 

2-2 October 15, 2020 

Archaeology, Professional Archaeologists of New York City, Anthracite Railroads Historical Society, 

Erie Lackawanna Railroad Historical Society, National Railway Historical Society, Inc., Railway & 

Locomotive Historical Society, Tri-State Railway Historical Society, Inc., Eastern Delaware Nation, and 

the Lenape Nation of Pennsylvania. As of October 15, 2020, Amtrak and NYCLPC responded to FRA 

and accepted consulting party status (see Appendix D). To satisfy the public involvement requirement of 

Section 106, FRA will include a cultural resources chapter in the EIS, including the results of this Historic 

Architectural Resources Background Study and Effects Assessment Report, and afford the public an 

opportunity to comment via the NEPA Draft EIS comment period. 

FRA provided a memorandum describing the Project’s proposed APE to NYSHPO on July 3, 2020, and 

to Federally-recognized Indian tribes and potential consulting parties on August 17, 2020. As previously 

noted, NYSHPO concurred with the APE in a letter dated August 3, 2020. FRA will provide this report to 

NYSHPO and consulting parties for review and comment, and will continue to consult with consulting 

parties with respect to the identification of historic properties and the Project’s potential effects on any 

identified historic properties. Correspondence to date with NYSHPO is provided in Appendix B-1 and 

correspondence with Federally-recognized Indian tribes and additional consulting parties is provided in 

Appendix D.
Historic Architectural Resources Background Study/Effects Assessment Report 

3-1 October 15, 2020 

3.0 BACKGROUND RESEARCH 

3.1 HISTORIC CONTEXT5

During the 17th century, Native Americans speaking a Munsee dialect of the Eastern Algonquian 

language occupied Manhattan. Manhattan Island was purchased by the Dutch (Peter Minuit of the Dutch 

West India Company) from the Native Americans in the 1620s, beginning the settlement of New 

Amsterdam within the Dutch colony of New Netherland. The English captured New Amsterdam in 1664, 

with New Amsterdam renamed New York City. Following the Revolutionary War, New York established 

itself as America’s largest port city, becoming one of the most important in the world by the turn of the 

20th century. Development of the West Chelsea neighborhood of Manhattan, generally located near the 

Hudson River in the West 20s, began in the late 1840s with a mix of tenements and industrial complexes. 

Development increased in the second half of the 19th century as new immigrants arrived and settled in 

New York City, including in the “Hell’s Kitchen” neighborhood north of West 34th Street. 

To respond to concerns regarding the deteriorated, congested, and silt-filled condition of the waterfront, 

the existing Hudson River bulkhead and its associated structural systems were constructed between 1871 

and 1936 by the New York City Department of Docks. The pier development along the Hudson River in 

the late 19th and early 20th centuries spurred industrial construction in the vicinity of Tenth and Eleventh 

Avenues. In addition to manufacturing operations, the West Chelsea area also became well known for its 

shipping, warehousing, and freight handling capabilities due to its close proximity to the river and 

accessibility by train, as evidenced by the construction of the New York Terminal Warehouse Company, 

Central Stores complex, which occupies the block bounded by West 28th and West 27th Streets between 

Eleventh and Twelfth Avenues, built between 1890 and 1912 (within the West Chelsea Historic District). 

The Pennsylvania Railroad Company (PRR), chartered in 1846, began buying land to clear the way for 

construction of a passenger rail station (Pennsylvania Station) and its associated tunnel portal and railroad 

yards in 1902. Construction in Manhattan included mined and cut-and-cover tunneling and open-pit 

excavation and required the demolition and removal of approximately 500 buildings, including many 

tenements. PRR’s New York tunnel system extended from New Jersey, beneath the Hudson River, 

beneath Manhattan, and under the East River to the Long Island City Sunnyside Rail Yard in Queens. 

This railroad corridor has two single-track tunnels extending under the North (Hudson) River and under 

West 32nd Street to the Tenth Avenue portal in Manhattan. The two subaqueous tubes of the North River 

Tunnel were constructed using large shields driven from each side of the Hudson River, with each tube 

constructed with an exterior cast iron casing and interior concrete lining. The Pennsylvania Station, 

designed by McKim Mead & White, opened in 1910. 

Between 1910 and 1918, the construction of Pennsylvania Station, the U.S. General Post Office, and the 

Seventh Avenue subway sparked development from Seventh to Eleventh Avenues, from streets in the 

upper West 20s to the West 30s. One major trend was the relocation between 1912 and 1915 of printing 

and publishing businesses from the City Hall area to the Pennsylvania Station area. These businesses 

 

5

 Sources: AKRF, Hudson Tunnel Historic Architectural Resources Background Study and Effects Assessment, 

January 2017; Transit Link Consultants, Access to the Region’s Core Historic Architectural Resources 

Background Study and Effects Assessment, October 2007; Allee King Rosen & Fleming, Inc., Route 9A 

Reconstruction Project Final Environmental Impact Statement, Appendix C, Cultural Resources, May 1994; City 

of New York City Planning Commission and Metropolitan Transportation Authority, No. 7 Subway Extension – 

Hudson Yards Rezoning and Development Program Final Generic Environmental Impact Statement, Chapter 9: 

Architectural Historic Resources, November 2004; New York City Landmarks Preservation Commission, 

Designation Report, West Chelsea Historic District. Designation List 404, LP-2302, July 15, 2008; New York 

State Office of Parks, Recreation and Historic Preservation, Resource Evaluation, New York Improvement & 

Tunnel Extension of the Pennsylvania Railroad from NJ to Manhattan to LIC Queens, USN: 06101.018103, March 

11, 2011. 
Historic Architectural Resources Background Study/Effects Assessment Report 

3-2 October 15, 2020 

selected the area especially because of the new post office and the presence of rail lines and shipping 

piers.

The elevated West Side Highway was constructed by the New York Central Railroad (NYCRR) in the 

1920s and 1930s as part of the West Side Improvement Project, to alleviate congestion along the 

waterfront. The High Line, an elevated freight railroad right-of-way, was completed in 1934 also as part 

of the West Side Improvement Project, replacing the New York Central Railroad along West Street and 

Tenth Avenue to eliminate safety hazards between freight trains and other traffic and pedestrians at atgrade crossings. The mid-20th century saw an overall shift from rail to highways as the preferred method 

to transport freight, which contributed to the eventual abandonment of the High Line, with portions of the 

structure demolished by the 1960s. In 1967, the iconic Pennsylvania Station was demolished by PRR and 

replaced above-grade with Madison Square Garden; the functional railroad station, Penn Station New 

York (PSNY), was moved underground. The West Side Highway was demolished by the City south of 

West 43rd Street in the 1970s, with the remainder of the structure removed in 1989 and replaced by a 

landscaped at-grade roadway with a bikeway/walkway. Areas along the roadway, waterfront space, and 

abandoned piers are gradually being developed as Hudson River Park, a New York State park. Ownership 

of the High Line was donated to the City in 2005, and redevelopment of the structure as a public open 

space owned by the New York City Department of Parks and Recreation began in 2006. The portion of 

the High Line between West 30th and 34th Streets and 10th and 12th Avenues opened as a public open 

space in 2014. 

The latter half of the 20th century also saw a shift away from manufacturing in the West Chelsea area, 

which resulted in a diminishment of the trucking, warehousing, and wholesale businesses in the area. New 

uses have included night clubs and bars, restaurants, retail, art galleries, and art programming spaces. In 

2005, the City of New York instituted a major rezoning of the Hudson Yards area, including the Eastern 

Rail Yard, to accommodate a mix of uses and densities throughout the Far West Side, the provision of 

new open space, and an extension of the No. 7 subway line. The Eastern Rail Yard was rezoned to 

accommodate high-density, mixed-use development, and several million square feet of commercial 

development are currently under construction over the Eastern Rail Yard. In 2009, the Western Rail Yard 

was rezoned to accommodate approximately 5.7 million gross square feet of mixed-use development (the 

Overbuild). The new No. 7 Subway Extension Hudson Yards/34th Street station opened in 2015, and 

numerous new buildings have opened within the Hudson Yards area in recent years, including along the 

High Line. Some of the new construction in the Hudson Yards area has involved the demolition of 

previously identified historic properties. 

3.2 SUMMARY OF PRIOR HISTORIC PROPERTY INVESTIGATIONS 

PREVIOUS SURVEYS 

A number of historic properties surveys have been completed in the Project’s APE and these were 

reviewed by AKRF, in combination with current information available from NYSHPO and LPC, to 

identify previously known historic properties in the geographic area in which the APE is located. 

Route 9A Reconstruction Project 

In May 1994, Allee King Rosen & Fleming, Inc. (now AKRF, Inc.) and Hartgen Archeological 

Associates, Inc. completed a cultural resources survey for the Route 9A Reconstruction Project (proposed 

by the New York State Department of Transportation, in cooperation with the Federal Highway 

Administration). The APE for the project largely encompassed areas on both sides of Route 9A between 

Battery Park in Lower Manhattan and West 59th Street in Midtown Manhattan. One property identified as 

part of that survey and determined NRHP-eligible by NYSHPO in 1989, the New York Terminal 

Warehouse Company, Central Stores is within the Western Rail Yard Infrastructure APE. 

Hudson River Park Project 
Historic Architectural Resources Background Study/Effects Assessment Report 

3-3 October 15, 2020 

In May 1998, Allee King Rosen & Fleming, Inc. et. al. completed the Final Environmental Impact 

Statement for the Hudson River Park Project. The Hudson River Park Project was initiated by the New 

York State Urban Development Corporation doing business as the Empire State Development 

Corporation, acting in collaboration with the City of New York. The Hudson River Park FEIS included a 

historic properties survey of the APE for that project. The APE for the Hudson River Park Project 

extended east and west of the proposed park boundaries from Battery Park to West 59th Street. The park’s 

eastern boundary was generally the Route 9A bikeway/walkway and its western boundary was generally 

within the Hudson River (although is some locations it was landward of the river). The New York 

Terminal Warehouse Company, Central Stores was identified as an historic property in the area that 

constitutes the Western Rail Yard Infrastructure Project’s APE. In addition, the Hudson River Bulkhead 

and its relieving platforms, extending from Battery Place to West 59th Street, was determined NRHPeligible in 1997 by NYSHPO through the Hudson River Park Project’s Section 106 consultation process. 

No. 7 Subway Extension – Hudson Yards Rezoning and Development Program Project 

In 2004, the Metropolitan Transportation Authority (MTA) and the City of New York City Planning 

Commission (CPC) prepared the Final Generic Environmental Impact Statement for the No. 7 Subway 

Extension – Hudson Yards Rezoning and Development Program Project. As part of that project, AKRF, 

Inc. prepared a historic property survey for a study area roughly bounded by West 44th Street to the north, 

Tenth and Seventh Avenues to the east, West 23rd and 27th Streets to the south, and the Hudson River to 

the west. That survey identified 110 historic properties, including five historic properties that are still 

extant and fall within the Western Rail Yard Infrastructure Project APE: the W & J Sloane Warehouse 

and Garage (541-561 West 29th Street/306-310 Eleventh Avenue, the High Line, and the New York 

Terminal Warehouse Company, Central Stores. NYSHPO made a determination of NRHP eligibility for 

these previously unevaluated properties in 2003. The High Line, previously determined not NRHPeligible as part of the Section 106 review for the Route 9A Reconstruction Project, was determined 

NRHP-eligible by SHPO in 2004. 

Access to the Region’s Core Project 

In 2007, Transit Link Consultants prepared a Historic Architectural Resources Background Study and 

Effects Assessment for the Access to the Region’s Core (ARC) Project, which was proposed by the 

Federal Transit Administration and NJ Transit. The APE for the ARC project included areas 

approximately 200 to 1,000 feet from the proposed ARC tunnel alignment and associated proposed 

station entrances, shaft/fan plant sites, and other ancillary facilities, extending from the Hudson River to 

the west to as far as Madison Avenue to the east, and from as far north as West 36th Street and as far 

south as West 26th Street. Four historic properties identified in the APE for the ARC Project are still 

extant and are within the Western Rail Yard Infrastructure Project APE: the Hudson River Bulkhead, the 

High Line, the New York Terminal Warehouse Company, and the W & J Sloane Warehouse and Garage. 

Construction of a Concrete Casing in the Hudson Yards 

As detailed above, in 2013 and 2014, FRA, in coordination with Amtrak, prepared an Environmental 

Assessment (EA) and Supplemental Environmental Assessment (SEA) for Amtrak’s proposed 

construction of a concrete casing extension in the Western and Eastern Rail Yards, to preserve the 

railroad right-of-way between the Hudson River waterfront and Penn Station beneath anticipated mixeduse private overbuild development at Hudson Yards. The APE for the Section 106 reviews associated 

with the EA/SEA included portions of the Eastern and Western Rail Yards, east and west of Eleventh 

Avenue, between West 30th and West 33rd Streets. The 2013 EA identified that the New York 

Improvements and Tunnel Extension of the Pennsylvania Railroad (North River Tunnel), spanning from 

between Weehawken, New Jersey to Long Island City, New York, had been determined NRHP-eligible 

by NYSHPO in 2011, as part the review of a previous Amtrak Security Enhancement Project 
Historic Architectural Resources Background Study/Effects Assessment Report 

3-4 October 15, 2020 

(PRJ29112351) Replacement and Upgrading of Fire and Life Safety Supervisory Control and Data 

Acquisition System, funded by the American Recovery and Reinvestment Act. 

Hudson Tunnel Project 

In 2017, AKRF prepared a Historic Architectural Resources Background Study and Effects Assessment 

for the Hudson Tunnel Project. The lead federal agency for the Hudson Tunnel Project is FRA, and the 

project sponsor is NJ Transit. The APE for this study included areas in New Jersey and New York; the 

New York APE included the area roughly bounded by West 26th and West 33rd Streets between Tenth 

Avenue and the Hudson River. Five previously evaluated historic properties identified in the APE for the 

Hudson Tunnel Project are still extant and fall within the Western Rail Yard Infrastructure Project APE: 

the New York Improvements and Tunnel Extension of the Pennsylvania Railroad (North River Tunnel), 

Hudson River Bulkhead, the High Line, the West Chelsea Historic District, the W & J Sloane Warehouse 

and Garage. 

Previously completed inventory forms and National Register eligibility determinations for the properties 

referenced above are included in Appendix F.

KNOWN HISTORIC PROPERTIES 

AKRF reviewed NYSHPO’s CRIS database and LPC’s Official Map of the City of New York. 

NYSHPO’s CRIS identifies the following NRHP-eligible properties in the APE for the Western Rail 

Yard Infrastructure Project: 

 New York Improvements and Tunnel Extension of the Pennsylvania Railroad (North River 

Tunnel); 

 High Line; 

 Hudson River Bulkhead, between Battery Place and West 59th Street; 

 Former W & J Sloane Warehouse & Garage, 541-561 West 29th Street/306-310 Eleventh 

Avenue; and 

 West Chelsea Historic District, roughly bounded by West 28th Street to the north, Twelfth 

Avenue/Route 9A to the west, West 26th and West 25th Streets to the south, and Tenth Avenue to 

the east, including within its boundaries individual properties previously determined NHRPeligible, including the High Line and the New York Terminal Warehouse Company, Central 

Stores at 601-651 West 27th Street. 

LPC’s Official Map of the City of New York identifies one designated New York City Historic District 

(NYCHD) in the APE: 

 West Chelsea Historic District, designated July 15, 2008 (same boundaries as NRHP-eligible 

West Chelsea Historic District). 
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4-1 October 15, 2020 

4.0 HISTORIC ARCHITECTURAL RESOURCES BACKGROUND STUDY 

4.1 SURVEY OF HISTORIC PROPERTIES 

AKRF conducted a survey of the APE for the Western Railyard Infrastructure Project in September 2020, 

for the purpose of verifying the presence and integrity of historic properties identified in previous surveys 

and to identify if there are additional properties that require evaluation if they have reached an age of 50 

years (the threshold at which a property may be considered eligible for the NRHP, unless it possesses 

exceptional importance) subsequent to previously completed architectural surveys. 

AKRF did not identify any additional properties meeting NRHP criteria in the APE. 

4.2 DESCRIPTION OF EXISTING HISTORIC PROPERTIES 

There are four individual historic properties and one historic district in the APE for the Western Railyard 

Infrastructure Project. These are listed in Table 4-1, mapped on Figure 2, and briefly described below.6

Table 4-1 

Historic Properties in the Area of Potential Effects (APE) 

Ref. 

No.1 Name Address NRHP-Eligible NYCL 

1 

New York Improvements and 

Tunnel Extension of the 

Pennsylvania Railroad (North 

River Tunnel) 

Spanning between Weehawken, New Jersey and 

Long Island City, New York 

SHPO Opinion 

3/21/2011

2 High Line 

Along 30th St. between Tenth and Twelfth Aves., 

and Twelfth Ave. between 30th St. and 34th St. 

SHPO Opinion 

2/20/2004 

3 Hudson River Bulkhead Spanning between Battery Pl. and West 59th St. 

SHPO Opinion 

3/31/1997 

4 

Former W & J Sloane Warehouse 

and Garage 541-561 W. 29th St. and 306-310 Eleventh Ave. 

SHPO Opinion 

10/30/2003 

5 West Chelsea Historic District 

Roughly bounded by West 28th St., Twelfth Ave., 

West 26th St., and Tenth Ave. 

SHPO Opinion 

3/19/20092

Designated 

7/15/2008 

Notes:

 1 Corresponds to Figure 2. 2 The West Chelsea Historic District was additionally certified by the Secretary of the Interior for purposes of the Tax Reform 

Act of 1986 as substantially meeting the requirements for listing on the National Register of Historic Places on September 

5, 2013. 

NRHP: National Register of Historic Places. 

NRHP Eligible: Eligible for listing on the New York State and National Registers of Historic Places. 

NYCL: New York City Landmark. 

New York Improvements and Tunnel Extension of the Pennsylvania Railroad (#1) 

The New York Improvements and Tunnel Extension of the Pennsylvania Railroad was determined 

NRHP-eligible by NYSHPO in 2011, through its review of the Amtrak Security Enhancement Project 

(PRJ29112351) Replacement and Upgrading of Fire and Life Safety Supervisory Control and Data 

Acquisition System (see description above). The North (Hudson) River Tunnels, referred to in this report 

as the North River Tunnel, extend from the Bergen Portal in the Township of North Bergen, Hudson 

County, New Jersey to the Tenth Avenue Portal in New York City, New York County, New York. On 

March 21, 2011, NYSHPO made a determination that the subterranean and subaqueous railroad tracks 

and tunnels (North River Tunnel) of the New York Improvement and Tunnel Extension of the 

Pennsylvania Railroad, extending from Weehawken, New Jersey, beneath the Hudson River, beneath 

 

6

 Information for the description of the resources are summarized from: AKRF, Hudson Tunnel Historic 

Architectural Resources Background Study and Effects Assessment, January 2017; and City of New York City 

Planning Commission and Metropolitan Transportation Authority, No. 7 Subway Extension – Hudson Yards 

Rezoning and Development Program Final Generic Environmental Impact Statement, Chapter 9: Architectural 

Historic Resources, November 2004. 
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4-2 October 15, 2020 

Manhattan, and under the East River to Long Island City, Queens meet NRHP Criteria A and C. The 

Statement of Significance provided by NYSHPO states that: 

...the subterranean and subaqueous railroad tracks and tunnels of the New York 

Improvement and Tunnel Extension of the Pennsylvania Railroad meet Criterion A for 

transportation history and Criterion C for engineering design. Built between 1903 and 1910, 

this linear transportation corridor was the largest and most advanced metropolitan railroad 

project undertaken in the United States at that point in history. Extending from Weehawken, 

New Jersey, beneath the Hudson River, beneath Manhattan, and under the East River to Long 

Island City, Queens, the system’s engineering represents various construction techniques and 

designs that met the various needs of the project and the geological conditions.7

Alexander Cassatt, President of PRR from 1899 to 1906, spearheaded the New York Improvement and 

Tunnel Extension project, of which the construction of the North River Tunnel was one element. Charles 

M. Jacobs, PRR engineer, oversaw the design and construction of the tunnels under the North River 

Division of the larger endeavor. The two subaqueous tubes under the Hudson River were constructed 

using large shields of 18 feet in diameter driven from each side of the Hudson River to be joined together 

mid-river. Each tube is of cast iron construction and is lined with monolithic masonry panels. Important 

components of the design were the bore segments placed every 15 feet to accommodate a screw pile 

driven into bedrock to stabilize the tubes. This was done to solve the previous problems that the unstable 

silt river floor caused regarding in constructing railroad tunnels under the Hudson River. The piles kept 

the silt surrounding the tubes from shifting and potentially fracturing the cast iron tube while a train was 

moving through it.8

Each tube contains only a single set of tracks to prevent train derailments and collisions. In a letter to E.H. 

Harriman, president of the Southern Pacific Railroad, Cassatt explained that the tubes were to be designed 

with “an innovative high side bench effectively hemming in the train.”9

 Cassatt continued that in the 

event of a breakdown or a tail-end collision, the train would be held in place and telescoping of train cars 

would be prevented due to the presence of the benches, which were designed to be 1 foot higher than the 

average Pullman car in order to prevent derailments. Walkways on these 3’-8” wide concrete benches run 

along both sides to allow for maintenance and repair. The benches are constructed on hollow terra-cotta 

tiles to accommodate electrical cables, including high-tension and low-tension power lines and telegraph, 

telephone, and signal wires.10

High Line (#2) 

The High Line was determined NRHP-eligible by NYSHPO in 2004 its review of the No. 7. Subway 

Extension – Hudson Yards Rezoning and Development Program Project (see description above). The 

High Line (NRHP-eligible) is a former freight railroad viaduct that was converted to a public park on the 

west side of Manhattan and opened to the public in phases, starting in 2009. Completed in 1934 as part of 

the West Side Improvement Project, it replaced the New York Central Railroad along West Street and 

Tenth Avenue to eliminate grade crossing hazards. The West Side Improvement Project also included 

construction of the West Side Highway (Route 9A). In the Western Rail Yard Infrastructure Project APE, 

the High Line runs in a loop track around the John D. Caemmerer Yard along West 34th Street, Twelfth 

 

7

 New York State Office of Parks, Recreation and Historic Preservation, Kathy Howe, Resource Evaluation, New 

York Improvement & Tunnel Extension of the Pennsylvania Railroad from NJ to Manhattan to LIC Queens, USN: 

06101.018103, March 11, 2011. 

8

 New York State Office of Parks, Recreation and Historic Preservation, March 11, 2011. 

9

 Jill Jonnes, Conquering Gotham: Building Penn Station and Its Tunnels. Penguin Books, New York, New York, 

2007, pp. 134-135. 

10 New York State Office of Parks, Recreation and Historic Preservation, March 11, 2011. 
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4-3 October 15, 2020 

Avenue, and West 30th Street, where it turns south to run west of Tenth Avenue (see Figures 3a and 3b).

In the 1980s, the northernmost existing section between West 33rd and West 34th Streets was 

reconstructed and a section between West 34th and West 35th Streets was removed. NYSHPO, in a letter 

dated February 20, 2004, found the full length of the High Line between West 34th Street and Gansevoort 

Street to meet NRHP Criterion A as a significant transportation structure from the 20th-century industrial 

development of the city. In addition, NYSHPO found that the High Line retains much of its historic 

integrity, despite the removal of the section between West 35th and West 34th Streets (and the removal of 

the southernmost section outside the Project APE between Little West 12th and Bank Streets). 

At West 30th Street, a spur runs east to Tenth Avenue, where there is a large, double-track platform over 

the avenue adjacent to the Morgan General Mail Facility; the platform over Tenth Avenue originally 

connected to the Morgan General Mail Facility to allow mail trains to simultaneously enter and leave the 

building. Both the loop track and spur have a concrete parapet simply ornamented with recessed panels 

and a tubular steel railing broken up with square concrete posts. As it parallels Twelfth Avenue between 

West 30th and West 33rd Streets, the loop track viaduct has a decorative steel parapet and railing similar 

to those on the Tenth Avenue platform and the trestles south of West 30th Street, including the trestle 

over that street. 

Hudson River Bulkhead (#3) 

The Hudson River Bulkhead and its relieving platforms, extending from Battery Place to West 59th 

Street, was determined NRHP-eligible in 1997 by NYSHPO through its review of the Hudson River Park 

Project (see description above). The Hudson River Bulkhead (NRHP-eligible) runs between the Battery 

and West 59th Street. Significant under Criterion A in the areas of commerce or industry, under Criterion 

C in the area of engineering and under Criterion D for the potential of the bulkhead to yield information 

about historic engineering methods, the bulkhead and its associated structural systems were constructed 

between 1871 and 1936 by the New York City Department of Docks. The majority of the construction 

consisted of masonry walls on a variety of foundation systems, with quarry-faced ashlar granite block 

forming the visible face along most of the armored frontage. Built between 1876 and 1898, the bulkhead 

between approximately West 27th and West 36th Streets consists of a granite wall on narrow concrete 

block with inclined bracing piles and timber binding frames around the piles, with the exception of a 

small section of collapsed pile-supported platform/rip-rap near West 34th Street (see Figure 4 and 

Building-Structure Inventory Form (1997) in Appendix G).

Design of the bulkhead was the responsibility of George B. McClellan, a general during the Civil War 

who became the first Engineer-in-Chief of the Department of Docks. McClellan's plans contemplated the 

creation of a 250-foot-wide marginal street, from which 60- to 100-foot-wide piers with cargo sheds 

would project 400 to 500 feet around 150- to 200-foot-wide slips. Initiated to respond to the deteriorated, 

congested, and silt-filled condition of the waterfront, the carefully built granite walls created a consistent 

monumental surface to the waterfront that reinforced an image of New York City's commercial 

prominence. As property was acquired and as commerce warranted, the City built the bulkheads, built or 

rebuilt pier substructures, and leased redeveloped areas to private companies that were usually responsible 

for piershed and headhouse construction. 

W & J Sloane Warehouse and Garage (#4) 

The W & J Sloane Warehouse and Garage was determined NRHP-eligible in 2004 by NYSHPO through 

its review of the No. 7. Subway Extension – Hudson Yards Rezoning and Development Program Project 

(see description above). The three buildings at 541-561 West 29th Street and 306-310 Eleventh Avenue 

constitute the former W & J Sloane Warehouse and Garage (NRHP-eligible). Founded in 1843, the W & J 

Sloane company was a retail and wholesale carpet, rugs, and furnishings company. W & J Sloane 

supplied stores across the country, controlled mills, imported European goods, established branch retail 

establishments in other cities, and was the first American company to sell oriental rugs retail. Originally 
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4-4 October 15, 2020 

located on Broadway near City Hall, the firm relocated several times uptown as the retail business 

periodically moved northward along Broadway and Fifth Avenue. W & J Sloane’s second store was 

located at 649-655 Broadway near Bleecker Street; this building is located within the NYCL NoHo 

Historic District. In 1882, the company moved its retail and warehouse operations to 880-886 Broadway; 

this building is located within the NYCL Ladies Mile Historic District. In 1912, a new retail building was 

completed for W & J Sloane at Fifth Avenue and 47th Street. The construction of the company’s 

warehouse on West 29th Street coincides with the construction of the midtown retail store. The first 

component of the warehouse—the 10-story brick structure at 306-310 Eleventh Avenue and 557-561 

West 29th Street—was built in 1909 and designed by James Barnes Baker. Designed with Renaissance 

Revival elements, the building is sited around the southwest corner of the block, which is occupied by a 

parking lot (see Figures 5a and 5b). Arched loading docks with stone keystones are located on the 

ground floor. The second floor is designed with cambered-arched windows. Stone courses run along the 

tops of the first and second floors with wide brick piers dividing the upper floors into recessed and arched 

window bays. A projecting cornice caps the avenue and street façades. The two secondary façades facing 

the parking lot are largely blank brick. (When the building was constructed, two four-story store and 

dwelling structures occupied the corner at 302 and 304 Eleventh Avenue. By 1930, the corner was 

occupied by a gas station.) Constructed in 1913, the building at 549-555 West 29th Street is identical and 

indistinguishable from the 1909 structure. James Barnes Baker also designed the garage, built in 1910, 

located at 541-547 West 29th Street. The garage is a four-story structure with Romanesque Revival 

details. Clad in brick with stone trim, the façade features three round-arched, recessed window bays. This 

historic property is significant under Criterion A for its association with New York’s industrial history 

and Criterion C for its industrial design. 

West Chelsea Historic District (#5)11

The West Chelsea Historic District was determined NRHP-eligible in 2009 by NYSHPO through its 

review of the Western Rail Yard Project (see description above). The West Chelsea Historic District 

(NYCL, NRHP-eligible) is roughly bounded by West 28th Street to the north, Tenth Avenue to the east, 

West 25th and 26th Streets to the south, and Twelfth Avenue to the west. In a comment letter dated 

March 19, 2009, NYSHPO found the West Chelsea Historic District eligible for listing on the NRHP 

under Criterion A for its association with New York City history and Criterion C for its impressive 

collection of industrial architecture from the late 19th to early 20th centuries. The West Chelsea Historic 

District stands as a surviving example of Manhattan’s industrial past and still contains many of the 

historic buildings of this era including factories, warehouses, and industrial firms that have long been 

demolished elsewhere in the City (see Figure 6). West Chelsea was first developed in the late 1840s with 

a mixture of tenements and industrial complexes. Few buildings from this earlier period survive, except 

for the small two-story brick stable building on the south side of West 28th Street east of Eleventh 

Avenue (at 554 West 28th Street), which was built in 1885 for Latimer E. Jones’ New York Lumber 

Auction Company. The neighborhood experienced a second wave of development around the turn of the 

20th century, as the older, smaller industrial buildings were replaced by larger industrial structures and 

factories. It is during this time that the area was home to some of the City’s, and even the country’s, most 

prestigious industrial firms. In addition to its manufacturing operations, the area also became well known 

for its shipping, warehousing, and freight handling capabilities due to its close proximity to the river and 

accessibility by train. The New York Terminal Warehouse Company, Central Stores complex, which 

occupies the block bounded by West 28th and West 27th Streets between Eleventh and Twelfth Avenues, 

was accessed by the New York Central and Hudson River Railroad through tracks that led directly into 

the building through the large round-arch entrance, which fronts on Eleventh Avenue. Built in phases 

 

11 The description of the West Chelsea Historic District is summarized from City of New York City Planning 

Commission and Metropolitan Transportation Authority, Western Rail Yard Final Environmental Impact 

Statement, Chapter 8: Historic Resources. October 2009. 
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4-5 October 15, 2020 

between 1890 and 1912, the New York Terminal Warehouse Company’s Central Stores complex was 

designed separately by George B. Mallory and Otto M. Peck. It comprises 25 storage buildings of the 

same design, forming a single, monolithic architectural composition. The seven- and nine-story brick 

complex is simply articulated with arched window openings and corbelled cornices. 
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5-1 October 15, 2020 

5.0 ASSESSMENT OF EFFECTS 

5.1 CONSTRUCTION- AND OPERATIONAL-RELATED EFFECTS 

As detailed above, the Tunnel Encasement would be constructed through a terra firma portion of the 

Western Rail Yard that will not be covered by the new Platform. It would require excavation of soil and 

rock, and demolition of LIRR’s ESB. Construction staging for the Tunnel Encasement is planned to occur 

on the Project Site, extending into some adjacent sidewalks and parking lanes during certain phases of 

construction. No off-site staging is anticipated. 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. The westernmost 80 feet of underpinning on 30th Street will resupport columns of the High Line that would require re-support for the Hudson Tunnel mining approach. 

Construction of the Platform would require deep footings, reinforced building foundations, and a concrete 

slab to transfer building loads to the bedrock below. Approximately four hundred (400) caissons (i.e., 

watertight columns) would be drilled through the water table and soil and into the bedrock 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 the Western Rail Yard. When Hudson 

Yards was redeveloped in 1986 the tracks and other facilities were reconfigured, and laid out to 

accommodate the columns that future development would require; as a result, no existing storage tracks 

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

Construction of the Platform would also require demolition of a cleaning platform and three non-historic 

LIRR service buildings on the western edge of the Western Rail Yard; these will be reconstructed in 

approximately the same footprint once construction of the Platform is complete. 

The potential for the construction and operation of the Platform to have adverse effects on historic 

properties was evaluated in the 2009 Western Rail Yard Environmental Impact Statement, which was 

prepared and reviewed in accordance with CEQR, SEQRA, and Section 14.09 of the New York State 

Historic Preservation Act. Subsequently, in 2013-2014, the potential for the construction and operation of 

the Tunnel Encasement to have adverse effects on historic properties was reviewed in accordance with 

Section 106 of the National Historic Preservation Act. That analysis concluded that while construction 

activities and equipment for the concrete casing that would be visible from street level could result in 

temporary visual obstructions and result in temporary loss of context for nearby architectural resources, 

any such impacts would be temporary and indirect, and only last the duration of the construction period. 

In a letter dated July 22, 2014, OPRHP, acting in its capacity as the NYSHPO, 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 Department of Building’s 

Technical Policy and Procedure Notice #10/88.

Consistent with these prior determinations, the Proposed Action would not be expected to result in any 

construction- or operational-related effects to the Hudson River Bulkhead, the former W & J Sloane 

Warehouse & Garage, or the West Chelsea Historic District. Construction activities and equipment for the 

Project that would be visible from street level could result in temporary visual obstructions; however, 

there are multiple construction projects currently underway within the APE, and thus construction 

activities and equipment associated with the Project would be difficult to distinguish from these other 

activities. Twelfth Avenue and the Hudson River Greenway provide visual separation between the 

Hudson River Bulkhead and the Project Site and surrounding new development. The New York 

Improvements and Tunnel Extension of the Pennsylvania Railroad (North River Tunnel), as a subsurface 

feature, would have no visual relationship with the Project. The Tunnel Encasement would be buried 

below ground; therefore, during the operation of the Proposed Action, no effects to historic properties 

would be expected. 
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5-2 October 15, 2020 

The Project would not result in adverse effects to historic properties. With the exception of the North 

River Tunnel and the High Line, no historic properties are located within 90 feet of Project construction. 

Caissons will be drilled on either side of the North River Tunnel to support the Platform and Overbuild, 

and temporary underpinning of the High Line 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.

Table 5-1 

Historic Properties in the Area of Potential Effects (APE) and 

Effects Assessment 

Ref. 

No.1 Name Assessment of Effects 

1 New York Improvements and Tunnel Extension of the 

Pennsylvania Railroad (North River Tunnel) 

No Adverse Effect 

2 High Line No Adverse Effect 

3 Hudson River Bulkhead No Adverse Effect 

4 Former W & J Sloane Warehouse and Garage No Adverse Effect 

5 West Chelsea Historic District No Adverse Effect 

5.2 INDIRECT EFFECTS 

This section considers the potential for the Proposed Action to have indirect effects on historic properties, 

by creating the support for the Overbuild development. As detailed above, the Overbuild would create 

approximately 5.7 million gross square feet of new commercial, residential, and school uses and public 

open space on the Western Rail Yard. 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. 

The potential for the Overbuild—as well as the structural Platform that would enable such development—

to have adverse effects on historic properties was evaluated in the 2009 Western Rail Yard Environmental 

Impact Statement, which was prepared and reviewed in accordance with CEQR, SEQRA, and Section 

14.09 of the New York State Historic Preservation Act. The historic resources analysis considered the 

potential for both physical impacts (demolition, alteration, inadvertent damage during construction) and 

visual/contextual effects. Since the final design of the Overbuild had not been determined at the time of 

the 2009 Western Rail Yard EIS, in compliance with SHPA Section 14.09 the co-lead agencies (the 

Metropolitan Transportation Authority and New York City Planning Commission) and the developer 

executed a Letter of Resolution (LOR) with OPRHP to address the potential for adverse effects to the 

High Line. The LOR required continued consultation under Section 14.09 regarding aspects of the 

development’s design that could affect the High Line (specifically, review of preliminary and pre-final 

design plans), as well as preparation of a Construction Protection Plan to protect the High Line during 

adjacent project construction. The Overbuild as currently contemplated is consistent with the massing 

envelope assumptions analyzed in the 2009 Western Rail Yard EIS.

The Project would not be expected to have any adverse indirect effects on the context or setting of nearby 

historic properties. The Hudson Yards neighborhood is experiencing a wave of development of new tall 

and modern skyscraper buildings, and the historic properties in the APE already exist in a mixed built 

context of smaller, older and masonry clad buildings and these taller buildings of recent construction with 

metal and glass curtain walls. Specifically, the W & J Sloane Warehouse and Garage is flanked by new 

31-, 33-, and 34-story developments directly to the north and south, and the West Chelsea Historic 

District buildings within the APE are across Eleventh Avenue and West 28th Street from the same 34-
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5-3 October 15, 2020 

story development. Twelfth Avenue and the Hudson River Greenway provide visual separation between 

the Hudson River Bulkhead and the Project Site and surrounding new development. The New York 

Improvements and Tunnel Extension of the Pennsylvania Railroad, as a subsurface feature, would have 

no visual relationship with the Project or the Overbuild. 

The portion of the High Line at the Western Rail Yard will be directly adjacent to the multi-building, 

high-rise Overbuild development; however, the resulting visual context would be consistent with portions 

of the High Line within the APE that are directly adjacent to the new high-rise buildings on the Eastern 

Rail Yard (including 10 Hudson Yards and 12 Hudson Yards) and at 500 West 30th Street (Abington 

House). It is expected that the stipulations of the Letter of Resolution requiring continued consultation 

regarding aspects of the Overbuild development’s design that could affect the High Line (specifically, 

review of preliminary and pre-final design plans), as well as preparation of a Construction Protection Plan 

to protect the High Line during adjacent project construction, would be enforced. 

5.3 SUMMARY OF EFFECTS ASSESSMENT 

As detailed above, AKRF has concluded that the Proposed Action would not result in any adverse effects 

to historic properties within the APE. AKRF has concluded that no historic properties identified in the 

APE would be adversely affected by the construction or operation of the Project. 
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6.0 CONCLUSIONS AND RECOMMENDATIONS 

The Historic Architectural Resources Background Study/Effects Assessment identified five NRHPeligible historic properties in the APE: the New York Improvements and Tunnel Extension of the 

Pennsylvania Railroad (North River Tunnel), the High Line, Hudson River Bulkhead, former W & J 

Sloane Warehouse and Garage, and the West Chelsea Historic District. No NRHP listed historic 

properties were identified in the APE. One of the NRHP-eligible properties is locally designated by the 

City of New York: the West Chelsea Historic District. 

AKRF has concluded that the Project would not result in adverse effects to historic properties. 
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7-1 October 15, 2020 

7.0 SOURCES 

AKRF, Inc. 

2017 Historic Architectural Resources Background Study / Effects Assessment Report, 

Hudson Tunnel Project, New York, New York. Prepared for NJ Transit, January 2017. 

Allee King Rosen & Fleming, Inc. 

1994 Route 9A Reconstruction Project Final Environmental Impact Statement, Appendix 

C, Cultural Resources. Prepared in coordination with Hartgen Archeological 

Associates, Inc. for New York State Department of Transportation and Federal 

Highway Administration, May 1994. 

1998 Hudson River Park Final Environmental Impact Statement. Prepared in coordination 

with PBS& J, Inc., Philip Habib & Associates, Historical Perspectives, Inc., and A & 

H Engineers, P.C. for Empire State Development Corporation in cooperation with 

Hudson River Park Conservancy, May 1998. 

City of New York City Planning Commission and Metropolitan Transportation Authority 

2004 No. 7 Subway Extension – Hudson Yards Rezoning and Development Program Final 

Generic Environmental Impact Statement, Chapter 9: Architectural Historic 

Resources. November 2004. 

2009 Western Rail Yard Final Environmental Impact Statement, Chapter 8: Historic 

Resources. October 2009. 

Jonnes, Jill 

2007 Conquering Gotham: Building Penn Station and Its Tunnels. Penguin Books, New 

York, New York. 

National Railroad Passenger Corporation (Amtrak) and Federal Railroad Administration 

2013 Environmental Assessment for Construction of a Concrete Casing in the Hudson 

Yards, New York, New York, March 2013. 

2014 Supplemental Environmental Assessment for Construction of a Concrete Casing 

Extension in the Hudson Yards, New York, New York, August 2014. 

New York City Landmarks Preservation Commission 

2008 Designation Report, West Chelsea Historic District. Designation List 404, LP-2302, 

July 15, 2008. 

2009 Guide to New York City Landmarks. Fourth Edition. John Wiley & Sons, Hoboken, 

New Jersey. 
Historic Architectural Resources Background Study/Effects Assessment Report 

7-2 October 15, 2020 

2020 Official Map of the New York City Landmarks Preservation Commission displaying 

designated and calendared properties. Available at 

http://nyclpc.maps.arcgis.com/apps/webappviewer/index.html?id=93a88691cace4067

828b1eede432022b 

New York State Office of Parks, Recreation and Historic Preservation 

1997 Building-Structure Inventory Form, New York City’s Hudson River Bulkhead from 

Battery Place to West 59th Street. Prepared by Raber Associates and Allee King 

Rosen & Fleming, Inc. (Michael Raber author) for the Hudson River Park 

Conservancy, February 20, 1997. 

2004 Resource Evaluation for the High Line, USN 06101. 014509. Prepared by Kathy 

Howe, February 20, 2004. 

2011 Resource Evaluation, New York Improvement & Tunnel Extension of the 

Pennsylvania Railroad from NJ to Manhattan to LIC Queens, USN: 06101.018103. 

Prepared by Kathy Howe, March 11, 2011. 

2013 Certification of West Chelsea Historic District, USN: 06101.018917. 

2017 Resource Evaluation, Former W & J Sloane Warehouse and Garage, USN: 

06101.013266. Prepared by Kathy Howe, February 3, 2017. 

Resource Evaluation, West Chelsea Historic District, USN: 06101.018917. Prepared 

by Kathy Howe, February 3, 2017. 

2020 Cultural Resource Information System. Available at https://cris.parks.ny.gov 

Transit Link Consultants 

2007 Access to the Region’s Core Historic Architectural Resources Background Study and 

Effects Assessment. Prepared for Transit Link Consultants on behalf of NJ TRANSIT, 

October 2007. 





CONTENTS: 

APPENDIX B-1: 

APPENDIX B-2: 

APPENDJXB 

PROJECT DOCUMENTS 

AGENCY CORRESPONDENCE 

PROPOSED AREA OF POTENTIAL EFFECTS 

U.S. Department 1200 New Jersey Avenue, SE 

of Transportation Washington, DC 20590

Federal Railroad 

Administration 

 

July 3, 2020 

Mr. Daniel Mackay 

Deputy Commissioner 

Division for Historic Preservation 

New York State Historic Preservation Office 

Peebles Island State Park, P.O. Box 189 

Waterford, NY 12188 

Re: Western Rail Yard Platform Project, New York County, NY 

Initiation of Section 106 Consultation 

Proposed Area of Potential Effects 

Preliminary List of Consulting Parties 

Dear Mr. Mackay: 

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 mixed-use development and public open space 

above the Platform. The USDOT’s Federal Railroad Administration (FRA) is the lead federal 

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.

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 
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Western Rail Yard Platform Project 2 

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). 

The two components of the Project have previously been reviewed by your office 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) 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). Your office 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 (LOR) developed with MTA and the New York City Planning Commission. 

Your office suggested developing the LOR because the design details for the Overbuild 

were not yet available. 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). 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, 

your office confirmed it had no further archaeological concerns regarding the Western Rail 

Yard project. 
Western Rail Yard Platform Project 3 

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

preservation concrete casing that previously underwent environmental reviews led by 

FRA, which included reviews in accordance with Section 106 of the National Historic 

Preservation Act of 1966 (as amended) and its implementing regulations at 36 Code of 

Federal Regulations (CFR) Part 800. In a letter dated April 1, 2013, your office confirmed 

it had no archaeological concerns regarding the concrete encasement. In a letter dated July 

22, 2014, your office concurred with FRA’s determination that the undertaking would have 

no adverse effect 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). 

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

4XDOLW\&(4UHJXODWLRQVLPSOHPHQWLQJ1(3$&)5SDUWVဨ23 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). Consistent with regulations issued by the Advisory Council on Historic 

Preservation (36 CFR part 800), FRA intends to coordinate compliance with Section 106 of the 

NHPA with the preparation of the EIS. By way of this letter and in accordance with 36 CFR 800.3, 

FRA is initiating Section 106 review for the Project (which is also the Undertaking for purposes 

of Section 106). The Overbuild that would be supported by the Platform is within the development 

envelope adopted by the New York City Council as zoning text and map amendments to the New 

York City Zoning Resolution. The Project site, including construction staging areas, have not been 

expanded from what was previously reviewed by your office. The design for the Platform has not 

changed substantively, although minor refinements have been made as MTA-LIRR review of the 

design has progressed. As the Section 106 process for the Project advances, FRA will update your 

office if there are any changes in conditions related to the construction of the Tunnel Encasement 

from the 2014 no adverse effect determination. 

In addition to initiating Section 106 consultation, FRA requests your review of the enclosed 

preliminary list of entities to be invited to participate in the Project’s Section 106 review as 

consulting parties in accordance with 36 CFR. 800.2(c) (Attachment A). In accordance with 36 

CFR 800.4(a)(1), FRA has also developed the proposed Area of Potential Effects (APE) for the 

Project, to account for potential effects on historic properties based on the conceptual design for 

the Project and potential indirect effects of the Overbuild. A memo providing additional 

background and an overview of the Project and detailing the proposed APE is enclosed for your 

review. 

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 Party 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-
Western Rail Yard Platform Project 4 

0039. 

If you have any questions please contact me at laura.shick@dot.gov, or (202) 366-0340. 

FRA looks forward to consulting with your office on this Project and receiving your comments on 

potential consulting parties and the proposed APE. 

Sincerely, 

Laura Shick 

Supervisory Environmental Protection Specialist

Office of Railroad Policy and Development

Enclosures 

cc: Stephanie Perez-Arrieta, Supervisory EPS, FRA 

Andrea Poole, EPS, FRA 

Rebecca Blatnica, EPS, Volpe, The National Transportation Systems Center 
ATTACHMENT A:

Western Rail Yard Platform Project 

Section 106 Consultation – Potential Consulting Parties 

New York State Historic Preservation Officer 

Mr. Daniel Mackay 

Deputy Commissioner for Historic Preservation / Deputy SHPO 

Peebles Island Resource Center 

P.O. Box 189 

Waterford, NY 12188 

Amtrak 

Johnette Davies 

Senior Historic Preservation Specialist 

Amtrak 

30th Street Station 

2955 Market Street, Mailbox 55 

Philadelphia, PA 19104 

Advisory Council on Historic Preservation (to be invited) 

Jaime Loichinger 

Assistant Director, Federal Permitting, Licensing, and Assistance Section 

401 F Street NW, Suite 308 

Washington, DC 20001 

Sarah Stokely 

FRA Liaison, Federal Permitting, Licensing, and Assistance Section 

1100 Pennsylvania Avenue NW 

Washington, DC 20004 

FEDERALLY RECOGNIZED NATIVE AMERICAN TRIBES 

Delaware Nation 

Ms. Neckole Alligood 

Tribal Historic Preservation Officer 

Delaware Nation 

ATTN: Cultural Preservation Department 

PO Box 825 

31064 State Hwy 281 

Anadarko, OK 73005 

Delaware Tribe 

Blair Fink 

Delaware Tribe Historic Preservation Office 

Temple University, Department of Anthropology 

Gladfelter Hall, Room 207 

1115 W. Polett Walk 

Philadelphia, PA 19122 
2 

Delaware Tribe of Indians, Oklahoma 

Chester Brooks, Chief 

Delaware Tribe of Indians, Oklahoma 

Delaware Tribal Headquarters 

5100 Tuxedo Blvd. 

Bartlesville, OK 74006 

Stockbridge-Munsee Community of Mohican Indians of Wisconsin 

Shannon Holsey, President 

Stockbridge-Munsee Community of Mohican Indians of Wisconsin 

N8476 MoHeConNuck Road 

Bowler, WI 54416 

Shinnecock Indian Nation 

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

Shinnecock Indian Nation 

Shinnecock Indian Nation Tribal Office 

PO BOX 5006 

Southampton, NY 11969-5006 

OTHER NATIVE AMERICAN TRIBES 

Eastern Delaware Nation 

Corrine Remington, Secretary 

Eastern Delaware Nation 

corrine.remington@yahoo.com

Eastern Lenape Nation of Pennsylvania 

Doris Pieschel, Secretary 

Eastern Lenape Nation of Pennsylvania 

21 Cedar Land 

Mountville, PA 17554 

REPRESENTATIVES OF LOCAL GOVERNMENTS WHERE THE UNDERTAKING 

MAY TAKE PLACE 

New York City 

New York City Landmarks Preservation Commission 

Sarah Carroll, Chair 

New York City Landmarks Preservation Commission 

David N. Dinkins Municipal Building 

1 Centre Street, 9th Floor, North 

New York, NY 10007 

New York City Department of Parks and Recreation 

Mitchell J. Silver, Commissioner 

The Arsenal 
3 

Central Park 

830 Fifth Avenue 

New York, NY 10065 

OTHER AFFECTED PARTIES 

Hudson River Park Trust 

Noreen Doyle 

Executive Vice President 

Hudson River Park Trust 

Pier 40, 2nd Floor 

353 West Street 

New York, NY 10014 

Friends of the High Line 

Robert Hammond 

Co-Founder and Executive Director 

820 Washington Street 

New York, NY 10014 
4 

OTHER ARCHAEOLOGICAL AND HISTORIC RESOURCE INTEREST GROUPS 

Archaeology Interest Groups 

Society for Industrial Archeology 

Sandy Needham, President 

Roebling Chapter 

Society for Industrial Archeology 

235 West End Avenue, Apt. 14C 

New York, NY 10023-3648 

Professional Archaeologists of New York City (PANYC) 

c/o S. Spritzer 

P.O. Box 1503 

Murray Hill Station 

New York, NY 10156-1503 

Railroad History Interest Groups 

Anthracite Railroads Historical Society 

Kermit Geary Jr., President 

P.O. Box 519 

Lansdale, PA 19446 

Erie Lackawanna Historical Society 

Michael J. Connor, President 

c/o David Start, Membership Chairman 

Erie Lackawanna Historical Society 

22 Ice Plant Road 

Lafayette, NJ 07848-2403 

National Railway Historical Society, Inc. 

Albert L. Papp, Jr., President 

New York Chapter 

P.O. Box 254 

Basking Ridge, NJ 07920 

Railway & Locomotive Historical Society 

Tommy Meehan, Chapter Chair 

New York Chapter 

42 Portland Pl., Fl. 2 

Yonkers NY 10703-2206 

Tri-State Railway Historical Society, Inc. 

Michael DelVecchio, President 

P.O. Box 1217 

Morristown, NJ 07962 
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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Project Site (Western Rail Yard)

Area of Potential Effect (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. 
Division for Historic Preservation

P.O. Box 189, Waterford, New York 12188-0189 • (518) 237-8643 • parks.ny.gov

ANDREW M. CUOMO ERIK KULLESEID

Governor Commissioner

August 3, 2020

Laura Shick

Supervisory Environmental Protection Specialist, Office of Railroad Policy and Development 

USDOT, Federal Railroad Administration 

1200 New Jersey Avenue, SE 

Washington, DC 20590

Re: FRA

Western Rail Yard Platform Project 

20PR03990

Dear Ms. Shick:

Thank you for requesting the comments of the New York State Historic Preservation Office (SHPO). 

We have reviewed the provided documentation in accordance with Section 106 of the National 

Historic Preservation Act of 1966. These comments are those of the SHPO and relate only to 

Historic/Cultural resources. They do not include other environmental impacts to New York State 

Parkland that may be involved in or near your project. Such impacts must be considered as part of 

the environmental review of the project pursuant to the National Environmental Policy Act and/or the 

State Environmental Quality Review Act (NY Environmental Conservation Law Article 8). 

We note that the project area contains a portion of the High Line Freight Railroad, which is eligible 

for listing in the State and National Registers (S/NR) of Historic Places. We further note that the 

following historic resources are located just outside of the project area: the West Chelsea Historic 

District, which is eligible for listing in the S/NR and is also a locally designated LPC Historic District; 

the former W&J Sloane Warehouse and Garage at 541-561 West 29th Street, which is eligible for 

listing in the S/NR; and the Hudson River Bulkhead, which is eligible for listing in the S/NR. We have 

reviewed the Section 106 initiation letter and the project overview and Area of Potential Effect (APE)

memorandum that were submitted to our office on July 6th, 2020. Based upon our review, we concur 

with the proposed Area of Potential Effect and with the proposed list of Consulting Parties. We 

further note that our office has no archaeological concerns with the proposed undertaking. 

If additional information or correspondence is required regarding this project it should be uploaded to

our Cultural Resource Information System www.nysparks.com/shpo/online-tools/. Once on the CRIS 

site, you can log in as a guest and choose "submit" at the very top menu. Next choose "submit new 

information for an existing project". You will need this project number and your e-mail address. If 

you have any questions, I can be reached at (518) 268-2182. 

Sincerely, 

Olivia Brazee 

Historic Site Restoration Coordinator 

olivia.brazee@parks.ny.gov via e-mail only 

cc: Gina Santucci and Amanda Sutphin, NYC LPC

 Jennifer Morris and Stephen Holley, AKRF, Inc.

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).
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Project Site (Western Rail Yard)

Area of Potential Effect (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. 




APPENDIX D 

Public Consultation
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 
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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 
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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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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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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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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 
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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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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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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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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 
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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 
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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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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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U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Ms. Sarah Carroll, Chair 

New York City Landmarks Preservation Commission 

David N. Dinkins Municipal Building 

1 Centre Street, 9th Floor, North 

New York, NY 10007 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Ms. Sarah Carroll: 

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.7

 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 

7 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.8

 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 

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

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Mr. Mitchell J. Silver, Commissioner 

New York City Department of Parks and Recreation 

The Arsenal - Central Park 

830 Fifth Avenue 

New York, NY 10065 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Mr. Mitchell J. Silver: 

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.9

 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 

9 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.10 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 

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

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Professional Archaeologists of New York City (PANYC) 

c/o Ms. S. Spritzer 

Murray Hill Station 

P.O. Box 1503 

New York, NY 10156-1503 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Ms. S. Spritzer: 

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.17 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 

17 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.18 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 

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

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Mr. Sandy Needham, President 

Society for Industrial Archeology 

Roebling Chapter 

235 West End Avenue, Apt. 14C 

New York, NY 10023-3648 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Mr. Sandy Needham: 

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.15 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 

15 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.16 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 

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

of Transportation Washington, DC 20590 

Federal Railroad 

Administration 

August 6, 2020 

Mr. Michael DelVecchio, President 

Tri-State Railway Historical Society, Inc. 

P.O. Box 1217 

Morristown, NJ 07962 

Re: Invitation to be a Section 106 Consulting Party 

Western Rail Yard Infrastructure Project 

New York County, New York 

Dear Mr. Michael DelVecchio: 

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.27 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 

27 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.28 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 

28 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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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. 
8/18/2020 AKRF Mail - Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar1069565952935574533%7Cmsg-a%3Ar91342497182... 1/1

Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Aug 17, 2020 at 1:55 PM

To: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>

Cc: Stephen Holley <sholley@akrf.com>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, "Blatnica, Rebecca

(Volpe)" <Rebecca.Blatnica@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, WRY Project <WRYProject@dot.gov>

Bcc: johnette.davies@amtrak.com, Marie.Corrado@amtrak.com, sstokely@achp.gov, scarroll@lpc.nyc.gov,

Mitchell.silver@parks.nyc.gov, "Doyle, Noreen" <ndoyle@hrpt.ny.gov>, robert@thehighline.org, scotsloon@gmail.com,

info@panycarchaeology.org, president@anthraciterailroads.org, dstart.elhs@gmail.com, nrhs-nyc@msn.com,

tmeehan0421@gmail.com, mike@tristaterail.org, corrine.remington@yahoo.com, info@lenape-nation.org

Dear Consulting Party:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the Western

Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decision-making

process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties pursuant

to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review pursuant to

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 in 2009

(08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided in

the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of Potential

Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s proposed APE in its

August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page

2020-07-03_WRY APE Memo.pdf

6055K
8/18/2020 AKRF Mail - Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

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Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Aug 17, 2020 at 1:53 PM

To: nalligood@delawarenation.com, epaden@delawarenation-nsn.gov, dkelly@delawarenation-nsn.gov

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)"

<Rebecca.Blatnica@dot.gov>, Rebecca Kriss <rkriss@akrf.com>, Nathan Riddle <nriddle@akrf.com>, Stephen Holley

<sholley@akrf.com>, WRY Project <WRYProject@dot.gov>

Dear Ms. Alligood, Ms. Thompson-Paden, and Ms. Kelly:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the Western

Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decision-making

process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties pursuant

to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review pursuant to

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 in 2009

(08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided in

the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of Potential

Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s proposed APE in its

August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page

2020-07-03_WRY APE Memo.pdf

6055K
8/18/2020 AKRF Mail - Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

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Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Aug 17, 2020 at 1:53 PM

To: bobermeyer@delawaretribe.org, cbrooks@delawaretribe.org, temple@delawaretribe.org

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)"

<Rebecca.Blatnica@dot.gov>, Rebecca Kriss <rkriss@akrf.com>, Nathan Riddle <nriddle@akrf.com>, Stephen Holley

<sholley@akrf.com>, WRY Project <WRYProject@dot.gov>

Dear Chief Brooks, Mr. Obermeyer, and Ms. Bachor:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the Western

Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decision-making

process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties pursuant

to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review pursuant to

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 in 2009

(08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided in

the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of Potential

Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s proposed APE in its

August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page

2020-07-03_WRY APE Memo.pdf

6055K
8/18/2020 AKRF Mail - Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

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Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Aug 17, 2020 at 1:54 PM

To: josephinesmith@shinnecock.org

Cc: charlotteroe@shinnecock.org, "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>,

Rebecca Kriss <rkriss@akrf.com>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, Stephen Holley <sholley@akrf.com>,

Nathan Riddle <nriddle@akrf.com>, WRY Project <WRYProject@dot.gov>

Dear Ms. Smith:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the Western

Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decision-making

process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties pursuant

to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review pursuant to

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 in 2009

(08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided in

the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of Potential

Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s proposed APE in its

August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page

2020-07-03_WRY APE Memo.pdf

6055K
8/18/2020 AKRF Mail - Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-a%3Ar8470885058227623697%7Cmsg-a%3Ar-68786588488... 1/1

Jennifer Morris <jmorris@akrf.com>

Western Rail Yard Infrastructure Project, Area of Potential Effects (APE) Memo

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Aug 17, 2020 at 1:55 PM

To: nathan.allison@mohican-nsn.gov

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)"

<Rebecca.Blatnica@dot.gov>, Stephen Holley <sholley@akrf.com>, Nathan Riddle <nriddle@akrf.com>, Rebecca Kriss

<rkriss@akrf.com>, shannon.holsey@mohican-nsn.gov, WRY Project <WRYProject@dot.gov>

Dear Mr. Allison:

Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations (36 CFR 800) (Section 106)

and following the methodology outlined in the 2014 New York City Environmental Quality Review (CEQR) Technical Manual[1],

FRA has determined and documented the Area of Potential Effects (APE) in which to assess the potential effects of the Western

Rail Yard Infrastructure Project (Project) on historic properties. A required step in the Section 106 four-step decision-making

process is determining and documenting the APE, which is defined as “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]). The Section 106 APE and the study area for assessing the Project’s potential impacts on historic properties pursuant

to NEPA in the EIS are the same. The proposed APE is also the same as the APE established during the review pursuant to

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 in 2009

(08PR03724, 08PR04116).

A description of the APE, including the Project’s components and their potential to affect historic properties (both directly and

indirectly), a description of the geographic boundaries of the APE, and maps and photographs depicting the APE, are provided in

the enclosed July 3, 2020 Section 106 Documentation: Western Rail Yard Platform Project, Proposed Area of Potential

Effects (APE) document. The New York State Historic Preservation Officer (NYSHPO) concurred with FRA’s proposed APE in its

August 3, 2020 letter responding to FRA’s initiation of Section 106 for the Project.

If you have any questions or comments regarding the APE, or would like additional information about this undertaking, please

contact FRA by email at WRYProject@dot.gov. FRA appreciates your interest in the Western Rail Yard Infrastructure Project.

Best regards,

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

[1] https://www1.nyc.gov/site/oec/environmental-quality-review/technical-manual.page

2020-07-03_WRY APE Memo.pdf

6055K
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

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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
8/10/2020 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%3A1673671005132479444%7Cmsg-f%3A16746571210067... 1/3

Jennifer Morris <jmorris@akrf.com>

RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

Corrado, Marie <Marie.Corrado@amtrak.com> Mon, Aug 10, 2020 at 12:37 PM

To: "Davies, Johnette" <Johnette.Davies@amtrak.com>, Jennifer Morris <jmorris@akrf.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>

Thanks, Johnette. I’ve made edits to my office address below in red, but otherwise confirm your message. And please use email

instead of regular mail for 106 matters, in any case, since I will be working remotely for a while.

Marie Corrado

Senior Director, Gateway Program

2 Penn Plaza East

11th floor

Newark, NJ 07015

(973) 848-2177 (o)

(267) 290-4768 (m)

Marie.Corrado@Amtrak.com

From: Davies, Johnette <Johnette.Davies@amtrak.com> 

Sent: Monday, August 10, 2020 12:17 PM

To: Jennifer Morris <jmorris@akrf.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>; Corrado, Marie

<Marie.Corrado@amtrak.com>

Subject: RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

Good afternoon,

Amtrak accepts FRA’s invitation to participate as a consulting party for the above referenced project. Our primary contact will be

Marie Corrado (copied here), and I will support Marie in Section 106 matters. Please make Marie your primary contact and copy

me on transmittals. Here is Marie’s contact information:

Marie Corrado

Senior Director Gateway

Amtrak

11-43 Raymond Plaza West

 2 Penn East
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%3A1673671005132479444%7Cmsg-f%3A16746571210067... 2/3

 11th floor

Newark, NJ 07102

Marie.corrado@amtrak.com

267-290-4768

Marie, please correct anything if needed.

Best regards,

- Johnette

Johnette Davies

Lead Historic Preservation Specialist

Amtrak | 30th Street Station | 2955 Market Street, Mailbox 41 | Philadelphia, PA 19104

Email: johnette.davies@amtrak.com | office: 215-349-1354 | ATS:728-1354

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Thursday, August 06, 2020 8:24 PM

To: Davies, Johnette <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>

Subject: Section 106 Consultation - Western Rail Yard Infrastructure Project

ATTENTION: This email originated outside of Amtrak. Do not click on links or open attachments

unless you recognize the sender and know the content is safe.

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,
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%3A1673671005132479444%7Cmsg-f%3A16746571210067... 3/3

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

APPENDIX E 

Project Plans and Drawings
6.22.20

Figure 1-4

Platform

Source: WRY Tenant LLC

WESTERN RAIL YARD INFRASTRUCTURE PROJECT
6.22.20

Figure 1-5

Tunnel Encasement

Source: Amtrak

WESTERN RAIL YARD INFRASTRUCTURE PROJECT
APPENDIX F 

Previous Inventory Forms and National Register Eligibility 

Determinations


















































































Date:

Location:

Name:

USN Number:

Staff:

02/03/2017

Kathy Howe

06101.013266

former W & J Sloane Warehouse and Garage

541-561 West 29th St, MANHATTAN NY

Resource Status:

Summary Statement:

Criteria for Inclusion in the National Register:

1.

2.

D.

C.

B.

A.

Determination:

Contributing:

Eligible

X

X

Associated with events that have made a significant contribution to the broad patterns in our history.

Associated with the lives of persons significant in our past.

Embodies the distinctive characteristics of a type, period or method of construction; or represents the work of a 

master; or posses high artistic values; or represents a significant and distinguishable entity whose components 

may lack individual distinction.

Have yielded, or may be likely to yield information important in prehistory or history.

Resource Evaluation
The three buildings at 541-561 West 29th Street and 306-310 Eleventh Avenue constitute the former W & J Sloane 

Warehouse and Garage (NRHP-eligible). Founded in 1843, the W & J Sloane company was a retail and wholesale 

carpet, rugs, and furnishings company. W & J Sloane supplied stores across the country, controlled mills, imported 

European goods, established branch retail establishments in other cities, and was the first American company to sell 

oriental rugs retail. Originally located on Broadway near City Hall, the firm relocated several times uptown as the retail 

business periodically moved northward along Broadway and Fifth Avenue. W & J Sloane’s second store was located at 

649-655 Broadway near Bleecker Street; this building is located within the NYCL NoHo Historic District. In 1882, the 

company moved its retail and warehouse operations to 880-886 Broadway; this building is located within the NYCL 

Ladies Mile Historic District. In 1912, a new retail building was completed for W & J Sloane at Fifth Avenue and 47th 

Street. The construction of the company’s warehouse on West 29th Street coincides with the construction of the midtown 

retail store. The first component of the warehouse—the 10-story brick structure at 306-310 Eleventh Avenue and 557-

561 West 29th Street—was built in 1909 and designed by James Barnes Baker. Designed with Renaissance Revival 

elements, the building is sited around the southwest corner of the block, which is occupied by a parking lot. Arched 

loading docks with stone keystones are located on the ground floor. The second floor is designed with cambered-arched 

windows. Stone courses run along the tops of the first and second floors with wide brick piers dividing the upper floors 

into recessed and arched window bays. A projecting cornice caps the avenue and street façades. The two secondary 

façades facing the parking lot are largely blank brick. (When the building was constructed, two four-story store and 

dwelling structures occupied the corner at 302 and 304 Eleventh Avenue. By 1930, the corner was occupied by a gas 

station.) Constructed in 1913, the building at 549-555 West 29th Street is identical and indistinguishable from the 1909 

structure. James Barnes Baker also designed the garage, built in 1910, located at 541-547 West 29th Street. The garage 

is a four-story structure with Romanesque Revival details. Clad in brick with stone trim, the façade features three roundarched, recessed window bays. This historic property is significant under Criterion A for its association with New York’s 

industrial history and Criterion C for its industrial design.

Historic Architectural Resources Background Study/Effects Assessment Report Hudson Tunnel Project New York, NY.

Prepared for: NJ TRANSIT One Penn Plaza East Newark, NJ 07105-2246. Prepared by AKRF, January 24, 2017.

Resource Evaluation
Date:

Location:

Name:

USN Number:

Staff:

02/03/2017

Kathy Howe

06101.018917

West Chelsea Historic District

Resource Status:

Summary Statement:

Criteria for Inclusion in the National Register:

1.

2.

D.

C.

B.

A.

Determination:

Contributing:

Eligible

True

X

X

Associated with events that have made a significant contribution to the broad patterns in our history.

Associated with the lives of persons significant in our past.

Embodies the distinctive characteristics of a type, period or method of construction; or represents the work of a 

master; or posses high artistic values; or represents a significant and distinguishable entity whose components 

may lack individual distinction.

Have yielded, or may be likely to yield information important in prehistory or history.

Resource Evaluation
The West Chelsea Historic District (NYCL, NRHP-eligible) is roughly bounded by West 28th Street to the north, Tenth 

Avenue to the east, West 25th and 26th Streets to the south, and Twelfth Avenue to the west. The district is eligible for 

listing on the NRHP under Criterion A for its association with New York City history and Criterion C for its impressive 

collection of industrial architecture from the late 19th to early 20th centuries. The West Chelsea Historic District stands as 

a surviving example of Manhattan’s industrial past and still contains many of the historic buildings of this era including 

factories, warehouses, and industrial firms that have long been demolished elsewhere in the City. West Chelsea was first 

developed in the late 1840s with a mixture of tenements and industrial complexes. Few buildings from this earlier period 

survive, except for the small two-story brick stable building on the south side of West 28th Street east of Eleventh 

Avenue (at 554 West 28th Street), which was built in 1885 for Latimer E. Jones’ New York Lumber Auction Company. 

The neighborhood experienced a second wave of development around the turn of the 20th century, as the older, smaller 

industrial buildings were replaced by larger industrial structures and factories. It is during this time that the area was 

home to some of the City’s, and even the country’s, most prestigious industrial firms including the Otis Elevator 

Company. Designed by Clinton & Russell, the building at 246-260 Eleventh Avenue was constructed for the Otis Elevator 

Company in 1911–1912. The seven-story, brick and stone Classical Revival building originally housed offices and 

machine shops, a garage, and such employee amenities as a law library, a dining room, and a barber shop. The 

building’s design and massing emphasizes solidity and weight, with façades articulated by wide brick piers and spandrel 

panels, and by a pre-zoning massing that fills the lot without setbacks.

In addition to its manufacturing operations, the area also became well known for its shipping, warehousing, and freight 

handling capabilities due to its close proximity to the river and accessibility by train. The New York Terminal Warehouse 

Company, Central Stores complex, which occupies the block bounded by West 28th and West 27th Streets between 

Eleventh and Twelfth Avenues, was accessed by the New York Central and Hudson River Railroad through tracks that 

led directly into the building through the large round-arch entrance which fronts on Eleventh Avenue. Built in phases 

between 1890 and 1912, the New York Terminal Warehouse Company’s Central Stores complex was designed 

separately by George B. Mallory and Otto M. Peck. It comprises 25 storage buildings of the same design, forming a 

single, monolithic architectural composition. The seven- and nine-story brick complex is simply articulated with arched 

window openings and corbelled cornices. 

Just south of the warehouses, the entire block bounded by West 27th and West 26th Streets between Eleventh and 

Twelfth Avenues is occupied by the Starrett-Lehigh Building (also individually eligible for NR). It stands as an early 

Modernist design approach to an industrial building with its cantilevered floor slabs and continuous strips of windows.

Historic Architectural Resources Background Study/Effects Assessment Report Hudson Tunnel Project New York, NY.

Prepared for: NJ TRANSIT One Penn Plaza East Newark, NJ 07105-2246. Prepared by AKRF, January 24, 2017.

Resource Evaluation








Jennifer Morris <jmorris@akrf.com>

RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

1 message

Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> Wed, Oct 21, 2020 at 11:38 AM

To: Jennifer Morris <jmorris@akrf.com>

Cc: "Timothy Frye (LPC)" <TFrye@lpc.nyc.gov>

Hi again,

At the meeting last week, FRA said that the new building on the platform will be as-of-right. So we’re just reviewing the APE for the casing

and platform construction? Will the LOR be amended, as it references design review for the new structure? Also, is the new structure no

longer an “indirect effect” alternative in the EIS?

Just need to get up to date.

Thanks,

Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Wednesday, October 21, 2020 10:36 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: Re: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project

Hi Gina -

That's peculiar - the file transfer site link should work for anyone. I just checked and it's working from my end. Here

it is again; please let me know if you still can't access and we'll figure out another way to get the file to you.

 https://nyctransfer.akrf.com/
Username: Section106WRYIP

Password: rU6kY7qH3rZ8

Best,

Jennifer

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016

646.306.1376 | jmorris@akrf.com

On Wed, Oct 21, 2020 at 8:37 AM Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> wrote:

Hi Jennifer,

I can’t get this link to open. Please correct—was it set for Tim’s email only?

Thanks,

Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Gina Santucci (LPC) 

Sent: Tuesday, October 20, 2020 1:42 PM 

To: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

Thanks. I reminded Jennifer to include me in the future for review requests.
Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Sent: Tuesday, October 20, 2020 11:51 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Subject: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project

Here you go. Sorry I thought you were cc’d

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Thursday, October 15, 2020 4:44 PM 

To: nathan.allison@mohican-nsn.gov; Corrado, Marie <Marie.Corrado@amtrak.com>; Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Cc: Stephen Holley <sholley@akrf.com>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Poole, Andrea (FRA)

<andrea.poole@dot.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; WRY Project <WRYProject@dot.gov>; Keri Cibelli

<kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Nathan Riddle <nriddle@akrf.com>; Perez-Arrieta, Stephanie (FRA) <s.perezarrieta@dot.gov> 

Subject: Section 106 Consultation - Western Rail Yard Infrastructure Project

Dear Mr. Allison, Ms. Corrado, and Mr. Frye:

Please find the attached correspondence from the Federal Railroad Administration for the Western Rail Yard Infrastructure Project in New

York County, New York, pursuant to Section 106 of the National Historic Preservation Act.

The referenced Historic Architectural Resources Background Study and Effects Assessment has been posted to a file transfer site due to

its size, see the access instructions below.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Stephanie Perez

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

************************************

AKRF WebFolders LogOn Instructions
1. Click on (or otherwise navigate to): https://nyctransfer.akrf.com

Login with credentials: 

Username: Section106WRYIP

Password: rU6kY7qH3rZ8

[Please Note: Username and Password are cAsE sEnsItive]

2. A window should appear where you can:

o Select extranet files to transfer to your computer; or

o Select files on your computer to transfer to the extranet.

Notes:

Files stored on AKRF's WebFolders system are available for thirty days only, based on the date they were uploaded.

WebFolders works best with the latest version of your web browser. If you are using an older web browser or a mobile phone , you may

have trouble using the "full version" of the site: After a successful login, try the "View Lite Version" link at the bottom of the page.

If you are having trouble, contact your IT department. For password issues, contact AKRF's IT Help Desk (646) 388-9729 or email us.
Jennifer Morris <jmorris@akrf.com>

RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

1 message

Shick, Laura (FRA) <Laura.Shick@dot.gov> Thu, Oct 29, 2020 at 9:09 AM

To: "GSantucci@lpc.nyc.gov" <GSantucci@lpc.nyc.gov>

Cc: Stephen Holley <sholley@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, Keri Cibelli <kcibelli@akrf.com>, Nathan Riddle

<nriddle@akrf.com>, Jennifer Morris <jmorris@akrf.com>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, "Poole, Andrea (FRA)"

<andrea.poole@dot.gov>, "Manning, Derek (Volpe)" <Derek.Manning@dot.gov>, "TFrye@lpc.nyc.gov" <TFrye@lpc.nyc.gov>

Good morning Ms. Santucci –

I’m responding to your 10/21 email below on behalf of the project team, and re-sending the attached memo that describes the Area of

Potential Effects (APE) for the Western Rail Yard Infrastructure Project. FRA defined and documented the APE as required under Section

106 of the National Historic Preservation Act and its implementing regulations at 36 CFR 800.4(a)(1).

In summary, the APE encompasses the area 800 feet in all directions from the Western Rail Yard site boundary. This is a sufficiently large

area to account for construction-related effects and permanent visual impacts of above-grade components of the Project (i.e., the Platform

and the Tunnel Encasement). The APE also accounts for the potential indirect effects of the privately-funded mixed-use development and

public open space that may be constructed above the Platform (i.e., the Overbuild). The APE takes into consideration topography,

vegetation, and the existing built environment that diminish sight lines.

In addition, the privately-funded Overbuild will be addressed in the indirect and cumulative effects analysis in the FRA-led Environmental

Impact Statement (EIS) that is currently being prepared in accordance with the National Environmental Policy Act (NEPA).

The Letter of Resolution (LOR) was developed as part of the state environmental and historic preservation review process (specifically, as

required under Section 14.09 of the New York State Historic Preservation Act). It is an agreement among the Metropolitan Transportation

Authority (MTA), the New York City Planning Commission (CPC), RG WRY LLC (the private developer) and the New York State Office of

Parks, Recreation and Historic Preservation (OPRHP). FRA is not a party to this state-level agreement. You may wish to contact OPRHP if

you have any questions about the LOR.

Please let us know if you have further questions regarding FRA’s Section 106 undertaking.

Regards,

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 366-0340

---------- Forwarded message ---------

From: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Date: Wed, Oct 21, 2020 at 10:38 AM 

Subject: RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action? 
To: Jennifer Morris <jmorris@akrf.com> 

Cc: Timothy Frye (LPC) <TFrye@lpc.nyc.gov>

Hi again,

At the meeting last week, FRA said that the new building on the platform will be as-of-right. So we’re just reviewing the APE for the casing

and platform construction? Will the LOR be amended, as it references design review for the new structure? Also, is the new structure no

longer an “indirect effect” alternative in the EIS?

Just need to get up to date.

Thanks,

Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Wednesday, October 21, 2020 10:36 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: Re: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project

Hi Gina -

That's peculiar - the file transfer site link should work for anyone. I just checked and it's working from my end. Here

it is again; please let me know if you still can't access and we'll figure out another way to get the file to you.

 https://nyctransfer.akrf.com/

Username: Section106WRYIP

Password: rU6kY7qH3rZ8

Best,

Jennifer 
__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016

646.306.1376 | jmorris@akrf.com

On Wed, Oct 21, 2020 at 8:37 AM Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> wrote:

Hi Jennifer,

I can’t get this link to open. Please correct—was it set for Tim’s email only?

Thanks,

Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Gina Santucci (LPC) 

Sent: Tuesday, October 20, 2020 1:42 PM 

To: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

Thanks. I reminded Jennifer to include me in the future for review requests.

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov
www.nyc.gov/landmarks

 

From: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Sent: Tuesday, October 20, 2020 11:51 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Subject: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project

Here you go. Sorry I thought you were cc’d

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Thursday, October 15, 2020 4:44 PM 

To: nathan.allison@mohican-nsn.gov; Corrado, Marie <Marie.Corrado@amtrak.com>; Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Cc: Stephen Holley <sholley@akrf.com>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Poole, Andrea (FRA)

<andrea.poole@dot.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; WRY Project <WRYProject@dot.gov>; Keri Cibelli

<kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Nathan Riddle <nriddle@akrf.com>; Perez-Arrieta, Stephanie (FRA) <s.perezarrieta@dot.gov> 

Subject: Section 106 Consultation - Western Rail Yard Infrastructure Project

Dear Mr. Allison, Ms. Corrado, and Mr. Frye:

Please find the attached correspondence from the Federal Railroad Administration for the Western Rail Yard Infrastructure Project in New

York County, New York, pursuant to Section 106 of the National Historic Preservation Act.

The referenced Historic Architectural Resources Background Study and Effects Assessment has been posted to a file transfer site due to

its size, see the access instructions below.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Stephanie Perez

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

************************************

AKRF WebFolders LogOn Instructions

1. Click on (or otherwise navigate to): https://nyctransfer.akrf.com

Login with credentials: 

Username: Section106WRYIP

Password: rU6kY7qH3rZ8

[Please Note: Username and Password are cAsE sEnsItive]

2. A window should appear where you can:
o Select extranet files to transfer to your computer; or

o Select files on your computer to transfer to the extranet.

Notes:

Files stored on AKRF's WebFolders system are available for thirty days only, based on the date they were uploaded.

WebFolders works best with the latest version of your web browser. If you are using an older web browser or a mobile phone , you may

have trouble using the "full version" of the site: After a successful login, try the "View Lite Version" link at the bottom of the page.

If you are having trouble, contact your IT department. For password issues, contact AKRF's IT Help Desk (646) 388-9729 or email us.

2020-07-03_WRY APE Memo.pdf

10472K
Jennifer Morris <jmorris@akrf.com>

Re: 35030 RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition

of action?/timeline for LPC response?

1 message

Jennifer Morris <jmorris@akrf.com> Mon, Nov 2, 2020 at 11:39 AM

To: "Gina Santucci (LPC)" <GSantucci@lpc.nyc.gov>

Cc: "Cumming, Beth (PARKS)" <Beth.Cumming@parks.ny.gov>, "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, "Davey, Weston F (PARKS)"

<Weston.Davey@parks.ny.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>,

"Manning, Derek (Volpe)" <Derek.Manning@dot.gov>, Stephen Holley <sholley@akrf.com>, Nathan Riddle <nriddle@akrf.com>, "Perez-Arrieta,

Stephanie (FRA)" <s.perez-arrieta@dot.gov>

Hi Gina - 

The 30-day review timeframe is acceptable to FRA, thank you. Starting the clock on October 30, review is expected to be complete by

November 30.

Best,

Jennifer

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016 

646.306.1376 | jmorris@akrf.com

On Fri, Oct 30, 2020 at 1:38 PM Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> wrote: 

Ok, thanks. I miss her too. We will start review for 30 days, unless anyone wants it sooner.

Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Cumming, Beth (PARKS) <Beth.Cumming@parks.ny.gov> 

Sent: Friday, October 30, 2020 11:49 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; Jennifer Morris <jmorris@akrf.com>;

Davey, Weston F (PARKS) <Weston.Davey@parks.ny.gov> 

Subject: RE: 35030 RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?/timeline for LPC

response?

Gina – we are all missing Olivia these days – especially with so many old projects being dusted off and wanting review. I’ve not gotten to this

one yet.
Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Sent: Friday, October 30, 2020 11:22 AM 

To: Shick, Laura (FRA) <Laura.Shick@dot.gov>; Jennifer Morris <jmorris@akrf.com>; Cumming, Beth (PARKS)

<Beth.Cumming@parks.ny.gov>; Davey, Weston F (PARKS) <Weston.Davey@parks.ny.gov> 

Subject: 35030 RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?/timeline for LPC response?

ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or

unexpected emails.

Hi,

As you can see, LPC had a few questions prior to starting our review. We are ready to go, but were wondering what is the date for

response?

Thanks,

Gina

 

From: Shick, Laura (FRA) <Laura.Shick@dot.gov> 

Sent: Thursday, October 29, 2020 9:10 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Stephen Holley <sholley@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Keri Cibelli <kcibelli@akrf.com>; Nathan Riddle

<nriddle@akrf.com>; Jennifer Morris <jmorris@akrf.com>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Poole, Andrea (FRA)

<andrea.poole@dot.gov>; Manning, Derek (Volpe) <Derek.Manning@dot.gov>; Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

Good morning Ms. Santucci –
I’m responding to your 10/21 email below on behalf of the project team, and re-sending the attached memo that describes the Area of

Potential Effects (APE) for the Western Rail Yard Infrastructure Project. FRA defined and documented the APE as required under Section

106 of the National Historic Preservation Act and its implementing regulations at 36 CFR 800.4(a)(1).

In summary, the APE encompasses the area 800 feet in all directions from the Western Rail Yard site boundary. This is a sufficiently large

area to account for construction-related effects and permanent visual impacts of above-grade components of the Project (i.e., the Platform

and the Tunnel Encasement). The APE also accounts for the potential indirect effects of the privately-funded mixed-use development and

public open space that may be constructed above the Platform (i.e., the Overbuild). The APE takes into consideration topography, vegetation,

and the existing built environment that diminish sight lines.

In addition, the privately-funded Overbuild will be addressed in the indirect and cumulative effects analysis in the FRA-led Environmental

Impact Statement (EIS) that is currently being prepared in accordance with the National Environmental Policy Act (NEPA).

The Letter of Resolution (LOR) was developed as part of the state environmental and historic preservation review process (specifically, as

required under Section 14.09 of the New York State Historic Preservation Act). It is an agreement among the Metropolitan Transportation

Authority (MTA), the New York City Planning Commission (CPC), RG WRY LLC (the private developer) and the New York State Office of

Parks, Recreation and Historic Preservation (OPRHP). FRA is not a party to this state-level agreement. You may wish to contact OPRHP if

you have any questions about the LOR.

Please let us know if you have further questions regarding FRA’s Section 106 undertaking.

Regards,

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 366-0340

---------- Forwarded message --------- 

From: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Date: Wed, Oct 21, 2020 at 10:38 AM 

Subject: RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action? 

To: Jennifer Morris <jmorris@akrf.com> 

Cc: Timothy Frye (LPC) <TFrye@lpc.nyc.gov>

Hi again,

At the meeting last week, FRA said that the new building on the platform will be as-of-right. So we’re just reviewing the APE for the casing

and platform construction? Will the LOR be amended, as it references design review for the new structure? Also, is the new structure no

longer an “indirect effect” alternative in the EIS?

Just need to get up to date.

Thanks,
Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Wednesday, October 21, 2020 10:36 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: Re: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project

Hi Gina -

That's peculiar - the file transfer site link should work for anyone. I just checked and it's working from my end. Here

it is again; please let me know if you still can't access and we'll figure out another way to get the file to you.

 https://nyctransfer.akrf.com/

Username: Section106WRYIP

Password: rU6kY7qH3rZ8

Best,

Jennifer 

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016 

646.306.1376 | jmorris@akrf.com

On Wed, Oct 21, 2020 at 8:37 AM Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> wrote:

Hi Jennifer,

I can’t get this link to open. Please correct—was it set for Tim’s email only?

Thanks,
Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Thursday, October 15, 2020 4:44 PM 

To: nathan.allison@mohican-nsn.gov; Corrado, Marie <Marie.Corrado@amtrak.com>; Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Cc: Stephen Holley <sholley@akrf.com>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Poole, Andrea (FRA)

<andrea.poole@dot.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; WRY Project <WRYProject@dot.gov>; Keri Cibelli

<kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Nathan Riddle <nriddle@akrf.com>; Perez-Arrieta, Stephanie (FRA) <s.perezarrieta@dot.gov> 

Subject: Section 106 Consultation - Western Rail Yard Infrastructure Project

Dear Mr. Allison, Ms. Corrado, and Mr. Frye:

Please find the attached correspondence from the Federal Railroad Administration for the Western Rail Yard Infrastructure Project in New

York County, New York, pursuant to Section 106 of the National Historic Preservation Act.

The referenced Historic Architectural Resources Background Study and Effects Assessment has been posted to a file transfer site due to

its size, see the access instructions below.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris
on behalf of

Stephanie Perez

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

************************************

AKRF WebFolders LogOn Instructions

1. Click on (or otherwise navigate to): https://nyctransfer.akrf.com

Login with credentials: 

Username: Section106WRYIP

Password: rU6kY7qH3rZ8

[Please Note: Username and Password are cAsE sEnsItive]

2. A window should appear where you can:

o Select extranet files to transfer to your computer; or

o Select files on your computer to transfer to the extranet.

Notes:

Files stored on AKRF's WebFolders system are available for thirty days only, based on the date they were uploaded.

WebFolders works best with the latest version of your web browser. If you are using an older web browser or a mobile phone , you may

have trouble using the "full version" of the site: After a successful login, try the "View Lite Version" link at the bottom of the page.

If you are having trouble, contact your IT department. For password issues, contact AKRF's IT Help Desk (646) 388-9729 or email us.
Jennifer Morris <jmorris@akrf.com>

RE: 35030 RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition

of action?/timeline for LPC response?

1 message

Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> Wed, Nov 4, 2020 at 9:24 AM

To: Jennifer Morris <jmorris@akrf.com>

Cc: "Cumming, Beth (PARKS)" <Beth.Cumming@parks.ny.gov>, "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, "Davey, Weston F (PARKS)"

<Weston.Davey@parks.ny.gov>, "Poole, Andrea (FRA)" <andrea.poole@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>,

"Manning, Derek (Volpe)" <Derek.Manning@dot.gov>, Stephen Holley <sholley@akrf.com>, Nathan Riddle <nriddle@akrf.com>, "Perez-Arrieta,

Stephanie (FRA)" <s.perez-arrieta@dot.gov>

Thanks.

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Monday, November 2, 2020 11:40 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Cumming, Beth (PARKS) <Beth.Cumming@parks.ny.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; Davey, Weston F (PARKS)

<Weston.Davey@parks.ny.gov>; Poole, Andrea (FRA) <andrea.poole@dot.gov>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>;

Manning, Derek (Volpe) <Derek.Manning@dot.gov>; Stephen Holley <sholley@akrf.com>; Nathan Riddle <nriddle@akrf.com>; Perez-Arrieta,

Stephanie (FRA) <s.perez-arrieta@dot.gov> 

Subject: Re: 35030 RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?/timeline for LPC

response?

Hi Gina - 

The 30-day review timeframe is acceptable to FRA, thank you. Starting the clock on October 30, review is expected

to be complete by November 30.

Best,

Jennifer

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016

646.306.1376 | jmorris@akrf.com
On Fri, Oct 30, 2020 at 1:38 PM Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> wrote:

Ok, thanks. I miss her too. We will start review for 30 days, unless anyone wants it sooner.

Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Cumming, Beth (PARKS) <Beth.Cumming@parks.ny.gov> 

Sent: Friday, October 30, 2020 11:49 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; Jennifer Morris <jmorris@akrf.com>;

Davey, Weston F (PARKS) <Weston.Davey@parks.ny.gov> 

Subject: RE: 35030 RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?/timeline for LPC

response?

Gina – we are all missing Olivia these days – especially with so many old projects being dusted off and wanting review. I’ve not gotten to this

one yet.

From: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Sent: Friday, October 30, 2020 11:22 AM 

To: Shick, Laura (FRA) <Laura.Shick@dot.gov>; Jennifer Morris <jmorris@akrf.com>; Cumming, Beth (PARKS)

<Beth.Cumming@parks.ny.gov>; Davey, Weston F (PARKS) <Weston.Davey@parks.ny.gov> 

Subject: 35030 RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?/timeline for LPC response?

ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or

unexpected emails.

Hi,

As you can see, LPC had a few questions prior to starting our review. We are ready to go, but were wondering what is the date for

response?

Thanks,

Gina
Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

 

From: Shick, Laura (FRA) <Laura.Shick@dot.gov> 

Sent: Thursday, October 29, 2020 9:10 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Stephen Holley <sholley@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Keri Cibelli <kcibelli@akrf.com>; Nathan Riddle

<nriddle@akrf.com>; Jennifer Morris <jmorris@akrf.com>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Poole, Andrea (FRA)

<andrea.poole@dot.gov>; Manning, Derek (Volpe) <Derek.Manning@dot.gov>; Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

Good morning Ms. Santucci –

I’m responding to your 10/21 email below on behalf of the project team, and re-sending the attached memo that describes the Area of

Potential Effects (APE) for the Western Rail Yard Infrastructure Project. FRA defined and documented the APE as required under Section

106 of the National Historic Preservation Act and its implementing regulations at 36 CFR 800.4(a)(1).

In summary, the APE encompasses the area 800 feet in all directions from the Western Rail Yard site boundary. This is a sufficiently large

area to account for construction-related effects and permanent visual impacts of above-grade components of the Project (i.e., the Platform

and the Tunnel Encasement). The APE also accounts for the potential indirect effects of the privately-funded mixed-use development and

public open space that may be constructed above the Platform (i.e., the Overbuild). The APE takes into consideration topography, vegetation,

and the existing built environment that diminish sight lines.

In addition, the privately-funded Overbuild will be addressed in the indirect and cumulative effects analysis in the FRA-led Environmental

Impact Statement (EIS) that is currently being prepared in accordance with the National Environmental Policy Act (NEPA).

The Letter of Resolution (LOR) was developed as part of the state environmental and historic preservation review process (specifically, as

required under Section 14.09 of the New York State Historic Preservation Act). It is an agreement among the Metropolitan Transportation

Authority (MTA), the New York City Planning Commission (CPC), RG WRY LLC (the private developer) and the New York State Office of

Parks, Recreation and Historic Preservation (OPRHP). FRA is not a party to this state-level agreement. You may wish to contact OPRHP if

you have any questions about the LOR.

Please let us know if you have further questions regarding FRA’s Section 106 undertaking.

Regards,
Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 366-0340

---------- Forwarded message --------- 

From: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Date: Wed, Oct 21, 2020 at 10:38 AM 

Subject: RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action? 

To: Jennifer Morris <jmorris@akrf.com> 

Cc: Timothy Frye (LPC) <TFrye@lpc.nyc.gov>

Hi again,

At the meeting last week, FRA said that the new building on the platform will be as-of-right. So we’re just reviewing the APE for the casing

and platform construction? Will the LOR be amended, as it references design review for the new structure? Also, is the new structure no

longer an “indirect effect” alternative in the EIS?

Just need to get up to date.

Thanks,

Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Wednesday, October 21, 2020 10:36 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: Re: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project
Hi Gina -

That's peculiar - the file transfer site link should work for anyone. I just checked and it's working from my end. Here

it is again; please let me know if you still can't access and we'll figure out another way to get the file to you.

 https://nyctransfer.akrf.com/

Username: Section106WRYIP

Password: rU6kY7qH3rZ8

Best,

Jennifer 

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016

646.306.1376 | jmorris@akrf.com

On Wed, Oct 21, 2020 at 8:37 AM Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> wrote:

Hi Jennifer,

I can’t get this link to open. Please correct—was it set for Tim’s email only?

Thanks,

Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 
Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Thursday, October 15, 2020 4:44 PM 

To: nathan.allison@mohican-nsn.gov; Corrado, Marie <Marie.Corrado@amtrak.com>; Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Cc: Stephen Holley <sholley@akrf.com>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Poole, Andrea (FRA)

<andrea.poole@dot.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; WRY Project <WRYProject@dot.gov>; Keri Cibelli

<kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Nathan Riddle <nriddle@akrf.com>; Perez-Arrieta, Stephanie (FRA) <s.perezarrieta@dot.gov> 

Subject: Section 106 Consultation - Western Rail Yard Infrastructure Project

Dear Mr. Allison, Ms. Corrado, and Mr. Frye:

Please find the attached correspondence from the Federal Railroad Administration for the Western Rail Yard Infrastructure Project in New

York County, New York, pursuant to Section 106 of the National Historic Preservation Act.

The referenced Historic Architectural Resources Background Study and Effects Assessment has been posted to a file transfer site due to

its size, see the access instructions below.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Stephanie Perez

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

************************************

AKRF WebFolders LogOn Instructions

1. Click on (or otherwise navigate to): https://nyctransfer.akrf.com

Login with credentials: 

Username: Section106WRYIP

Password: rU6kY7qH3rZ8

[Please Note: Username and Password are cAsE sEnsItive]

2. A window should appear where you can:

o Select extranet files to transfer to your computer; or

o Select files on your computer to transfer to the extranet.

Notes:
Files stored on AKRF's WebFolders system are available for thirty days only, based on the date they were uploaded.

WebFolders works best with the latest version of your web browser. If you are using an older web browser or a mobile phone , you may

have trouble using the "full version" of the site: After a successful login, try the "View Lite Version" link at the bottom of the page.

If you are having trouble, contact your IT department. For password issues, contact AKRF's IT Help Desk (646) 388-9729 or email us.
12/3/2020 AKRF, Inc. Mail - RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1681176370012749262%7Cmsg-f%3A1684890397761... 1/6

Jennifer Morris <jmorris@akrf.com>

RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

1 message

Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> Tue, Dec 1, 2020 at 9:31 AM

To: Jennifer Morris <jmorris@akrf.com>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Stephen Holley <sholley@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, Keri Cibelli

<kcibelli@akrf.com>, Nathan Riddle <nriddle@akrf.com>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, "Poole, Andrea (FRA)"

<andrea.poole@dot.gov>, "Manning, Derek (Volpe)" <Derek.Manning@dot.gov>, "Davey, Weston F (PARKS)" <Weston.Davey@parks.ny.gov>

Hi,

No, we are just pointing it out at this time. You can use the language that it is adjacent to the APE as a matter of interest.

Thank you,

Gina

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Tuesday, December 1, 2020 10:19 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Shick, Laura (FRA) <Laura.Shick@dot.gov>; Stephen Holley <sholley@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Keri Cibelli

<kcibelli@akrf.com>; Nathan Riddle <nriddle@akrf.com>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Poole, Andrea (FRA)

<andrea.poole@dot.gov>; Manning, Derek (Volpe) <Derek.Manning@dot.gov>; Davey, Weston F (PARKS) <Weston.Davey@parks.ny.gov> 

Subject: Re: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

Good morning - 

Thank you for LPC's response to the APE memo for the Western Rail Yard Infrastructure project. To clarify, is LPC

seeking the inclusion of the Starrett-Lehigh Building in the APE?

Best,

Jennifer

__________________

Jennifer Morris, AICP
12/3/2020 AKRF, Inc. Mail - RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1681176370012749262%7Cmsg-f%3A1684890397761... 2/6

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016

646.306.1376 | jmorris@akrf.com

On Tue, Nov 24, 2020 at 10:58 AM Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> wrote:

Hello,

Please find attached LPC identification of historic and cultural resources within the APE. 

Thank you for your continuing consultation with the NYC Landmarks Preservation Commission.

Best,

Gina Santucci

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Shick, Laura (FRA) <Laura.Shick@dot.gov> 

Sent: Thursday, October 29, 2020 9:10 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Stephen Holley <sholley@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Keri Cibelli <kcibelli@akrf.com>; Nathan Riddle

<nriddle@akrf.com>; Jennifer Morris <jmorris@akrf.com>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Poole, Andrea (FRA)

<andrea.poole@dot.gov>; Manning, Derek (Volpe) <Derek.Manning@dot.gov>; Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

Good morning Ms. Santucci –

I’m responding to your 10/21 email below on behalf of the project team, and re-sending the attached memo that describes the Area of

Potential Effects (APE) for the Western Rail Yard Infrastructure Project. FRA defined and documented the APE as required under Section

106 of the National Historic Preservation Act and its implementing regulations at 36 CFR 800.4(a)(1).

In summary, the APE encompasses the area 800 feet in all directions from the Western Rail Yard site boundary. This is a sufficiently large

area to account for construction-related effects and permanent visual impacts of above-grade components of the Project (i.e., the Platform

and the Tunnel Encasement). The APE also accounts for the potential indirect effects of the privately-funded mixed-use development and

public open space that may be constructed above the Platform (i.e., the Overbuild). The APE takes into consideration topography,

vegetation, and the existing built environment that diminish sight lines.
12/3/2020 AKRF, Inc. Mail - RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1681176370012749262%7Cmsg-f%3A1684890397761... 3/6

In addition, the privately-funded Overbuild will be addressed in the indirect and cumulative effects analysis in the FRA-led Environmental

Impact Statement (EIS) that is currently being prepared in accordance with the National Environmental Policy Act (NEPA).

The Letter of Resolution (LOR) was developed as part of the state environmental and historic preservation review process (specifically, as

required under Section 14.09 of the New York State Historic Preservation Act). It is an agreement among the Metropolitan Transportation

Authority (MTA), the New York City Planning Commission (CPC), RG WRY LLC (the private developer) and the New York State Office of

Parks, Recreation and Historic Preservation (OPRHP). FRA is not a party to this state-level agreement. You may wish to contact OPRHP if

you have any questions about the LOR.

Please let us know if you have further questions regarding FRA’s Section 106 undertaking.

Regards,

Laura A. Shick

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 366-0340

---------- Forwarded message --------- 

From: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Date: Wed, Oct 21, 2020 at 10:38 AM 

Subject: RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action? 

To: Jennifer Morris <jmorris@akrf.com> 

Cc: Timothy Frye (LPC) <TFrye@lpc.nyc.gov>

Hi again,

At the meeting last week, FRA said that the new building on the platform will be as-of-right. So we’re just reviewing the APE for the casing

and platform construction? Will the LOR be amended, as it references design review for the new structure? Also, is the new structure no

longer an “indirect effect” alternative in the EIS?

Just need to get up to date.

Thanks,

Gina

Gina Santucci
12/3/2020 AKRF, Inc. Mail - RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1681176370012749262%7Cmsg-f%3A1684890397761... 4/6

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Wednesday, October 21, 2020 10:36 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Cc: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: Re: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project

Hi Gina -

That's peculiar - the file transfer site link should work for anyone. I just checked and it's working from my end. Here

it is again; please let me know if you still can't access and we'll figure out another way to get the file to you.

 https://nyctransfer.akrf.com/

Username: Section106WRYIP

Password: rU6kY7qH3rZ8

Best,

Jennifer 

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016

646.306.1376 | jmorris@akrf.com

On Wed, Oct 21, 2020 at 8:37 AM Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> wrote:

Hi Jennifer,

I can’t get this link to open. Please correct—was it set for Tim’s email only?

Thanks,

Gina
12/3/2020 AKRF, Inc. Mail - RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1681176370012749262%7Cmsg-f%3A1684890397761... 5/6

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Gina Santucci (LPC) 

Sent: Tuesday, October 20, 2020 1:42 PM 

To: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Subject: RE: Section 106 Consultation - Western Rail Yard Infrastructure Project

Thanks. I reminded Jennifer to include me in the future for review requests.

Gina Santucci

Director of Environmental Review

1 Centre St., 9th Floor | New York, NY 10007 

gsantucci@lpc.nyc.gov

www.nyc.gov/landmarks

 

From: Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Sent: Tuesday, October 20, 2020 11:51 AM 

To: Gina Santucci (LPC) <GSantucci@lpc.nyc.gov> 

Subject: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project

Here you go. Sorry I thought you were cc’d

From: Jennifer Morris <jmorris@akrf.com> 

Sent: Thursday, October 15, 2020 4:44 PM 

To: nathan.allison@mohican-nsn.gov; Corrado, Marie <Marie.Corrado@amtrak.com>; Timothy Frye (LPC) <TFrye@lpc.nyc.gov> 

Cc: Stephen Holley <sholley@akrf.com>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Poole, Andrea (FRA)

<andrea.poole@dot.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; WRY Project <WRYProject@dot.gov>; Keri Cibelli

<kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Nathan Riddle <nriddle@akrf.com>; Perez-Arrieta, Stephanie (FRA) <s.perezarrieta@dot.gov> 

Subject: Section 106 Consultation - Western Rail Yard Infrastructure Project

Dear Mr. Allison, Ms. Corrado, and Mr. Frye:
12/3/2020 AKRF, Inc. Mail - RE: FW: Section 106 Consultation - Western Rail Yard Infrastructure Project/definition of action?

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1681176370012749262%7Cmsg-f%3A1684890397761... 6/6

Please find the attached correspondence from the Federal Railroad Administration for the Western Rail Yard Infrastructure Project in New

York County, New York, pursuant to Section 106 of the National Historic Preservation Act.

The referenced Historic Architectural Resources Background Study and Effects Assessment has been posted to a file transfer site due to

its size, see the access instructions below.

Please do not hesitate to reach out with any questions. We look forward to hearing from you.

Sincerely,

Jennifer Morris

on behalf of

Stephanie Perez

Supervisory Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Office of Railroad Policy and Development

WRYProject@dot.gov

************************************

AKRF WebFolders LogOn Instructions

1. Click on (or otherwise navigate to): https://nyctransfer.akrf.com

Login with credentials: 

Username: Section106WRYIP

Password: rU6kY7qH3rZ8

[Please Note: Username and Password are cAsE sEnsItive]

2. A window should appear where you can:

o Select extranet files to transfer to your computer; or

o Select files on your computer to transfer to the extranet.

Notes:

Files stored on AKRF's WebFolders system are available for thirty days only, based on the date they were uploaded.

WebFolders works best with the latest version of your web browser. If you are using an older web browser or a mobile phone , you may

have trouble using the "full version" of the site: After a successful login, try the "View Lite Version" link at the bottom of the page.

If you are having trouble, contact your IT department. For password issues, contact AKRF's IT Help Desk (646) 388-9729 or email us.
U.S. Department 1200 New Jersey Avenue, SE

of Transportation Washington, DC 20590

Federal Railroad 

Administration

January 12, 2021 

Mr. Daniel Mackay, Deputy Commissioner 

Division for Historic Preservation 

New York State Historic Preservation Office 

Peebles Island State Park, P.O. Box 189 

Waterford, NY 12188 

RE: Western Rail Yard Infrastructure Project, New York County, NY (20PR03990) 

Section 106 Consultation: Determination of No Adverse Effect with Conditions 

Dear Mr. Mackay: 

This letter continues the U.S Department of Transportation (USDOT) Federal Railroad 

Administration’s (FRA) consultation with your office pursuant to Section 106 of the National 

Historic Preservation Act and its implementing regulations (36 CFR 800) for the Western Rail 

Yard Infrastructure Project (20PR03990). The Project Sponsor, which is a joint venture between 

WRY Tenant LLC1

 and the National Railroad Passenger Corporation (Amtrak), is seeking 

Federal financial assistance through the Railroad Rehabilitation and Improvement Financing 

(RRIF) Program, a loan program administered by the USDOT’s Build America Bureau (Bureau). 

FRA is performing the necessary analyses and consultations in accordance with the National 

Environmental Policy Act (NEPA), Section 106, and other federal environmental review 

requirements. The Project includes construction of (1) a structural Platform (Platform) and (2) a 

railroad right-of-way preservation Tunnel Encasement (Tunnel Encasement) to allow for 

privately-funded mixed-use development and public open space (Overbuild) above the Platform 

which would be constructed by WRY Tenant LLC. 

FRA initiated Section 106 consultation on July 03, 2020, via an online submission to your 

office’s Cultural Resource Information System; our submission included the proposed Area of 

Potential Effects (APE) for the undertaking, and a list of potential Consulting Parties. On August 

03, 2020, your office concurred with the proposed APE. On October 15, 2020, FRA submitted a 

Historic Architectural Resources Background Study and Effects Assessment (HARBS/EA). On 

November 13, 2020, your office concurred with the HARBS/EA’s findings regarding the 

eligibility of historic properties within the APE. However, your office was unable to concur with 

FRA’s finding of no adverse effect. FRA has subsequently reevaluated the potential effects of 

the undertaking as outlined below. 

 

1 WRY Tenant LLC is an affiliate of the Related Companies LP. 
Western Rail Yard Infrastructure Project 

Section 106 – No Adverse Effect with Conditions 

2 

Assessment of Effects 

As detailed in the HARBS/EA report, FRA identified five historic properties eligible for listing 

in the National Register of Historic Places (NRHP-eligible) in the APE: the New York 

Improvements and Tunnel Extension of the Pennsylvania Railroad (North River Tunnel), the 

High Line, Hudson River Bulkhead, the former W & J Sloane Warehouse and Garage, and the 

West Chelsea Historic District. No NRHP-listed historic or archaeological properties were 

identified in the APE. One of the NRHP-eligible historic properties, the West Chelsea Historic 

District, is locally designated by the City of New York. 

FRA has applied the criteria of adverse effects to the Hudson River Bulkhead, W &J Sloane 

Warehouse and Garage, and the West Chelsea Historic District. FRA finds that the Platform and 

future Overbuild is consistent with the built environment and setting in which these properties 

currently exist and that the undertaking will have no direct or indirect; physical, auditory, or 

visual effect on these historic properties. 

FRA has applied the criteria of adverse effect to the New York Improvements and Tunnel 

Extension of the Pennsylvania Railroad (North River Tunnel). Because the Tunnel is completely 

underground through the APE, FRA has determined that the undertaking will have no direct or 

indirect; physical, auditory, or visual effect on this historic property. FRA recognizes that the 

nature of the work is such that there is the potential for inadvertent effects to the North River 

Tunnel caused by construction-related vibration. 

FRA has applied the criteria of adverse effect to the High Line and determined that the 

construction of the Platform and Tunnel Encasement will have no direct; physical, auditory, or 

visual effect on this historic property. FRA recognizes that the nature of the work is such that 

there is the potential for inadvertent effects to the High Line due to construction related vibration 

and underpinning activities. FRA has determined that the undertaking could result in adverse 

effects to the High Line from the future Overbuild on the Platform, proposed by WRY Tenant 

LLC. These potential effects to the High Line were identified during development of the 2009 

SEQRA/CEQR FEIS pertaining to the Western Rail Yard site and are fully described in the 

subsequent Letter of Resolution Among Metropolitan Transportation Authority, New York City 

Planning Commission, New York State Office of Parks, Recreation and Historic Preservation, 

and WRY Tenant LLC Regrading The Western Rail Yard Project Manhattan, New York County

(LOR), which states: 

“Whereas, the Development Project could affect the High Line in the following ways: 1) 

by providing at least one access point a minimum of 12 feet in width to the High Line 

from the corner of West 30th Street and Twelfth Avenue; 2) physically altering the 

portion of the High Line along Twelfth Avenue to provide direct access between the High 

Line open space and the adjacent Western Open Space that would be located on the 

Development Site. Access would be provided along a minimum length of 75 feet and a 

maximum length of 150 feet of High Line frontage, requiring the removal of a portion of 

the High Line's eastern railing along Twelfth Avenue; 3) including a building at the 

southwest corner of the Development Site that could, in accordance with the zoning text 

amendment, be located adjacent to and above the High Line (provided that no portion of 
Western Rail Yard Infrastructure Project 

Section 106 – No Adverse Effect with Conditions 

3 

the building is located within five feet of the edge of the High Line and any portion of the 

building above the High Line be located above a height of 50 feet above the High Line 

bed); 4) designing the two proposed buildings on the north side of the High Line along 

West 30th Street to extend under the High Line with a low-rise extension of the buildings' 

shared podium (none of the High Line's structural columns would be removed to 

accommodate such an extension); and 5) creating potential connections between adjacent 

buildings on the Development Site and the bed of the High Line.” 

Determination of Effects 

FRA has determined that the potential effects of the undertaking are as follows: possible 

inadvertent effects to the North River Tunnel and High Line during construction of the Platform, 

Tunnel Encasement, and/or Overbuild, and possible indirect physical and/or visual effects related 

to construction and operation of the Overbuild. USDOT/FRA will include conditions as part of 

its environmental decision regarding the Project, i.e., in the Record of Decision (ROD) for the 

Environmental Impact Statement in accordance with NEPA, and in any loan agreement to be 

negotiated between the Bureau and the Project Sponsor, to ensure that these potential effects to 

historic properties are not adverse. These conditions include: requiring the Project Sponsor to 

develop a Construction Environmental Protection Plan (CEPP) for the construction of the 

Platform and Tunnel Encasement in order to protect the North River Tunnel and High Line. The 

CEPP will be required to meet the guidelines set forth in the New York City Department of 

Buildings (DOB) Technical Policy and Procedure Notice #10/88, the Protection for Landmarked 

Buildings guidance document of the New York Landmarks Preservation Commission, and the 

National Park Service’s Preservation Tech Notes, Temporary Protection #3: Protecting a 

Historic Structure during Adjacent Construction. The ROD and loan agreement will also require 

the Project Sponsor (which includes WRY Tenant LLC, a signatory to the LOR) to meet all of 

the conditions of the LOR which includes review of Overbuild design by the New York State 

Historic Preservation Office and New York City Landmarks Preservation Commission as well as 

development of a CEPP to protect the High Line during construction of the Overbuild. 

Based on the application of the above conditions to the Project, FRA finds that the undertaking 

will have no adverse effect on historic properties (36 CFR 800.5(b)). 

Request for Review and Comment 

FRA respectfully requests that your office provide comment and concurrence on FRA’s

determination that the undertaking will have No Adverse Effect on historic properties because 

sufficient conditions will be imposed on the undertaking, through the ROD and loan agreement, 

to avoid adverse effects (36 CFR 800.5(b)). Based on your concurrence with FRA’s No Adverse 

Effect finding and in consideration of the views of consulting parties, FRA intends to make a de 

minimis impact determination for the minor Section 4(f) use of The High Line. Should you 

disagree with FRA’s finding, please notify us within 30 days. An e-mailed response is preferred 

to ensure timely receipt of your communications; FRA is working remotely at this time, and has 

limited access to mailed responses. 
Western Rail Yard Infrastructure Project 

Section 106 – No Adverse Effect with Conditions 

4 

By copy of this letter, FRA is also providing its finding of effect to Consulting Parties for their 

review and comment concurrent with your office. 

FRA recently requested an update from WRY Tenant LLC regarding the proposed Overbuild 

and has been reassured that the Overbuild is still very much in the conceptual design stage. At 

FRA’s request, WRY Tenant LLC’s consultant, AKRF, will reach out to your staff in the next 

couple of weeks to provide an informational update on the current concept for the Overbuild. 

If you have any questions or wish to discuss this undertaking, please contact me at 

WRYProject@dot.gov or (202) 366-0340. 

Sincerely, 

Laura A. Shick 

Supervisory Environmental Protection Specialist 

Environmental & Corridor Planning 

Division Office of Railroad Policy and 

Development 

cc: Nathan Allison, Tribal Historic Preservation Office, Stockbridge-Munsee Mohican Tribe 

 Marie Corrado, Senior Director, Gateway Program, Amtrak 

 Timothy Frye, Director of Special Projects & Strategic Planning NYC Landmarks 

 Preservation Commission 
Jennifer Morris <jmorris@akrf.com>

Section 106 Consultation - Western Rail Yard Infrastructure Project

1 message

Jennifer Morris <jmorris@akrf.com> Tue, Jan 12, 2021 at 3:31 PM

To: nathan.allison@mohican-nsn.gov, "Corrado, Marie" <Marie.Corrado@amtrak.com>, "Timothy Frye (LPC)"

<TFrye@lpc.nyc.gov>, Gina Santucci <GSantucci@lpc.nyc.gov>

Cc: Stephen Holley <sholley@akrf.com>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, "Poole, Andrea (FRA)"

<andrea.poole@dot.gov>, "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, WRY Project <WRYProject@dot.gov>, Keri Cibelli

<kcibelli@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, "Perez-Arrieta, Stephanie (FRA)" <s.perez-arrieta@dot.gov>

Dear Mr. Allison, Ms. Corrado, Ms. Santucci, and Mr. Frye: 

Please find the attached correspondence from the Federal Railroad Administration for the Western Rail Yard

Infrastructure Project in New York County, New York, pursuant to Section 106 of the National Historic Preservation Act.

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

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016 

646.306.1376 | jmorris@akrf.com

WRYIP_NAE w Conditions Finding_FRA Letter to NYSHPO_01122021.pdf

202K
ENVIRONMENTAL REVIEW 

Project number: NEPA/106.M (FEDERAL RAILWAY ADMINISTRATION) 

Project: WESTERN RAILYARD INFRASTRUCTURE 

Address: WEST 33 STREET BBL: 1006760005 

Date Received: 1/12/2021 

Comments:

The LPC is in receipt of the FRA Determination of No Effect with Conditions, dated 

1/12/21. LPC agrees with the SHPO finding of 2/11/21 indicating concurrence with 

the FRA. 

Cc: SHPO 

2/12/2021 

SIGNATURE DATE 

Gina Santucci, Environmental Review Coordinator 

File Name: 35030_FSO_GS_02122021.docx 
From: Cuff, David (Parks) [mailto:David.Cuff@parks.nyc.gov] 

Sent: Thursday, February 25, 2021 7:05 PM 

To: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or

open attachments unless you recognize the sender and know the content is safe.

Hi Andrea,

We put it in a comment letter at an earlier stage of the project that NYC Parks should be a Section 106 consulting party

and we are listed in the table of the Coordination Plan, as seen below.

However, I don’t believe NYC Parks has received any further information about the consulting process, is this

forthcoming? Can you provide more information about the status?

ThanksDavid Cuff

Director of Environmental Review

Planning and Development 

T 212.360.3492

C 917-938-5221

F 212.360.3453

E David.Cuff@parks.nyc.gov

NYC Parks

The Arsenal, Central Park 

830 Fifth Avenue, Room 401 

New York, NY 10065 

nyc.gov/parks
From: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Sent: Thursday, February 25, 2021 10:00 AM 

To: austin.mark@epa.gov; sstokely@achp.gov; Burns, Donald (FTA) <Donald.Burns@dot.gov>;

andrew_raddant@ios.doi.gov; Stephen.Cauffman@cisa.dhs.gov; llennon@mtahq.org; lmessin@lirr.org;

dmbetty@lirr.org; stephen.watts@dec.ny.gov; matthew.maraglio@dos.state.ny.us; daniel.mackay@parks.ny.gov;

uchenna.madu@dot.ny.gov; Estesen, Terrell <terrelle@dep.nyc.gov>; hsemel@cityhall.nyc.gov;

IYoung@moec.nyc.gov; nrasheed@dot.nyc.gov; Gina Santucci (LPC) <GSantucci@lpc.nyc.gov>; Olga Abinader

(DCP) <OABINAD@planning.nyc.gov>; Anthony Howard (DCP) <AHoward@planning.nyc.gov>; Annabelle Meunier

(DCP) <AMEUNIER@planning.nyc.gov>; Cuff, David (Parks) <David.Cuff@parks.nyc.gov> 

Cc: Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Perez-Arrieta, Stephanie (FRA) <s.perezarrieta@dot.gov>; Stephen Holley <sholley@akrf.com>; Keri Cibelli <kcibelli@akrf.com>; Rebecca Kriss

<rkriss@akrf.com>; Castelli, Amishi (FRA) <Amishi.Castelli@dot.gov>; Munz, Pauline (FRA)

<pauline.munz@dot.gov>; Osterhues, Marlys (FRA) <Marlys.Osterhues@dot.gov>; Valenstein, David (FRA)

<david.valenstein@dot.gov> 

Subject: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

Dear Participating Agency Representatives,

An updated revised Public and Agency Coordination Plan (Coordination Plan) has been posted

to the project website at www.westernrailyardinfrastructure.com. The updated version of the

Coordination Plan reflects the most recent details related to the project.

While most of the updates are not substantive, there is one change in particular that I would

bring to your attention. Originally, the coordination plan indicated that Participating Agencies

would have the opportunity to review the DEIS prior to public review. FRA has since determined
the 2 weeks that were originally slated for Participating Agency review would not provide

adequate time for your teams to review the document or for FRA to address any substantive

comments prior to public release. Instead, FRA intends for to provide agencies 45 days to

review the DEIS, concurrent with public review of DEIS. FRA will then plan to meet with

agencies separately to ensure comments are addressed prior to release of the FEIS.

If you would like to discuss the updated Coordination Plan, please contact me, Andrea Poole, at

WRYProject@dot.gov or by phone (below). 

FRA will continue to reach out to individual agencies as we move through various consultation

processes. FRA appreciates the time and energy your teams have put into consultation efforts

thus far. 

Best Regards,

Andrea E. Poole, PMP

Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Environment and Project Engineering Division (name change)

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 868-1221
3/1/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693039237200... 1/4

Jennifer Morris <jmorris@akrf.com>

RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

1 message

Poole, Andrea (FRA) <andrea.poole@dot.gov> Mon, Mar 1, 2021 at 8:13 AM

To: "Cuff, David (Parks)" <David.Cuff@parks.nyc.gov>

Cc: "Bradley, Michael (Parks)" <Michael.Bradley@parks.nyc.gov>, "Emily.Humes@parks.nyc.gov"

<Emily.Humes@parks.nyc.gov>, "Colleen.Alderson@parks.nyc.gov" <Colleen.Alderson@parks.nyc.gov>, "Shick, Laura

(FRA)" <Laura.Shick@dot.gov>, Jennifer Morris <jmorris@akrf.com>, Stephen Holley <sholley@akrf.com>, "Manning, Derek

(Volpe)" <Derek.Manning@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>

David,

Thank you for your message. Unfortunately, it appears that when Parks responded to accept Participating Agency status,

the request for Section 106 consulting party status was not flagged. The Section 106 consulting party invitation, which

was sent to Mitchell Silver on 8/6/2020 (see attached), did not generate a response, and thus subsequent consulting

party correspondence has not been distributed to the agency. Please see the attached effect determination, which was

circulated to consulting parties on January 12, 2021, and advise whether Parks will wish to comment on the effect finding.

Best Regards, Andrea

From: Cuff, David (Parks) [mailto:David.Cuff@parks.nyc.gov] 

Sent: Thursday, February 25, 2021 7:05 PM 

To: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or

open attachments unless you recognize the sender and know the content is safe.

Hi Andrea,

We put it in a comment letter at an earlier stage of the project that NYC Parks should be a Section 106 consulting party

and we are listed in the table of the Coordination Plan, as seen below.

However, I don’t believe NYC Parks has received any further information about the consulting process, is this

forthcoming? Can you provide more information about the status?

Thanks-
3/1/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693039237200... 2/4

David Cuff

Director of Environmental Review

Planning and Development 

T 212.360.3492

C 917-938-5221

F 212.360.3453

E David.Cuff@parks.nyc.gov 

NYC Parks

The Arsenal, Central Park 

830 Fifth Avenue, Room 401

New York, NY 10065 

nyc.gov/parks

From: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Sent: Thursday, February 25, 2021 10:00 AM 

To: austin.mark@epa.gov; sstokely@achp.gov; Burns, Donald (FTA) <Donald.Burns@dot.gov>;

andrew_raddant@ios.doi.gov; Stephen.Cauffman@cisa.dhs.gov; llennon@mtahq.org; lmessin@lirr.org; dmbetty@lirr.org;

stephen.watts@dec.ny.gov; matthew.maraglio@dos.state.ny.us; daniel.mackay@parks.ny.gov;

uchenna.madu@dot.ny.gov; Estesen, Terrell <terrelle@dep.nyc.gov>; hsemel@cityhall.nyc.gov; IYoung@moec.nyc.gov;

nrasheed@dot.nyc.gov; Gina Santucci (LPC) <GSantucci@lpc.nyc.gov>; Olga Abinader (DCP)

<OABINAD@planning.nyc.gov>; Anthony Howard (DCP) <AHoward@planning.nyc.gov>; Annabelle Meunier (DCP)

<AMEUNIER@planning.nyc.gov>; Cuff, David (Parks) <David.Cuff@parks.nyc.gov> 

Cc: Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Perez-Arrieta, Stephanie (FRA) <s.perez-arrieta@dot.gov>;

Stephen Holley <sholley@akrf.com>; Keri Cibelli <kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Castelli,
3/1/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693039237200... 3/4

Amishi (FRA) <Amishi.Castelli@dot.gov>; Munz, Pauline (FRA) <pauline.munz@dot.gov>; Osterhues, Marlys (FRA)

<Marlys.Osterhues@dot.gov>; Valenstein, David (FRA) <david.valenstein@dot.gov> 

Subject: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

Dear Participating Agency Representatives,

An updated revised Public and Agency Coordination Plan (Coordination Plan) has been posted to

the project website at www.westernrailyardinfrastructure.com. The updated version of the

Coordination Plan reflects the most recent details related to the project.

While most of the updates are not substantive, there is one change in particular that I would bring

to your attention. Originally, the coordination plan indicated that Participating Agencies would have

the opportunity to review the DEIS prior to public review. FRA has since determined the 2 weeks

that were originally slated for Participating Agency review would not provide adequate time for your

teams to review the document or for FRA to address any substantive comments prior to public

release. Instead, FRA intends for to provide agencies 45 days to review the DEIS, concurrent with

public review of DEIS. FRA will then plan to meet with agencies separately to ensure comments

are addressed prior to release of the FEIS.

If you would like to discuss the updated Coordination Plan, please contact me, Andrea Poole, at

WRYProject@dot.gov or by phone (below). 

FRA will continue to reach out to individual agencies as we move through various consultation

processes. FRA appreciates the time and energy your teams have put into consultation efforts

thus far. 

Best Regards,

Andrea E. Poole, PMP

Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Environment and Project Engineering Division (name change)

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 868-1221

4 attachments

WRYIP_NAE w Conditions Finding_FRA Letter to NYSHPO_01122021.pdf

202K

AKRF, Inc. Mail - Section 106 Consultation - Western Rail Yard Infrastructure Project.pdf

133K
3/1/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693039237200... 4/4

2020-08-06 NYC Parks Email.pdf

107K

2020-08-06_NYCParks_Silver.pdf

5855K
3/8/2021 AKRF, Inc. Mail - Re: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-a%3Ar753231873402... 1/6

Jennifer Morris <jmorris@akrf.com>

Re: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

1 message

Jennifer Morris <jmorris@akrf.com> Thu, Mar 4, 2021 at 10:19 AM

To: "Cuff, David (Parks)" <David.Cuff@parks.nyc.gov>, "Bradley, Michael (Parks)" <Michael.Bradley@parks.nyc.gov>,

"Colleen.Alderson@parks.nyc.gov" <Colleen.Alderson@parks.nyc.gov>, "Emily.Humes@parks.nyc.gov"

<Emily.Humes@parks.nyc.gov>

Cc: "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Stephen Holley <sholley@akrf.com>, "Poole, Andrea (FRA)"

<andrea.poole@dot.gov>, "Manning, Derek (Volpe)" <Derek.Manning@dot.gov>, "Blatnica, Rebecca (Volpe)"

<Rebecca.Blatnica@dot.gov>, "Perez-Arrieta, Stephanie (FRA)" <s.perez-arrieta@dot.gov>, Keri Cibelli <kcibelli@akrf.com>,

Rebecca Kriss <rkriss@akrf.com>

Mr. Cuff - 

Following up on #1 below, the Section 106 consultation and background materials for the WRYIP project have been

posted to a webfolder for NYC Parks review, see details and access instructions below.

Posted to project webfolder:

1. 8/3/2020 SHPO response to 106 initiation (Correspondence. This is also available in the HARBS-EA

appendices, see #4.)

2. 8/6/2020 consulting parties invitation letter to Mitchell Silver (Correspondence)

3. 8/17/2020 email to consulting parties and APE memo (Correspondence)

4. 10/15/2020 email to consulting parties and HARBS-EA (Correspondence)

5. 1/12/2021 email to consulting parties and FRA CNE letter (Correspondence)

6. 1/28/2021 email to consulting parties re end of comment period (Correspondence)

7. 2014 Restrictive Declaration (Reference Document)

8. TPPN 10/88 (Reference Document)

9. LPC Protection for Landmarked Buildings (Reference Document)

10. NPS Preservation Tech Notes, Temporary Protection #3 (Reference Document)

11. 7/22/2014 SHPO NAE letter re Tunnel Encasement (Reference Document. This is also available within the

2014 Tunnel Encasement EA appendices)

Additional background/reference documents are provided on the WRYIP website ("Library" page) here: http://www.

westernrailyardinfrastructure.com/library.html

1. Letter Of Resolution Among Metropolitan Transportation Authority, New York City Planning Commission,

New York State Office Of Parks, Recreation And Historic Preservation, And WRY Tenant LLC Regarding The

Western Rail Yard Project (Reference Document)

2. FEIS Notice of Completion 2009 Western Rail Yard Project (Reference Document)

3. 2009 Western Rail Yard Project Final Environmental Impact Statement (Reference Document)

4. Finding Of No Significant Impact 2013 Hudson Yards Concrete Casing Construction (Reference Document)

5. 2013 Hudson Yards Concrete Casing Construction Environmental Assessment (Reference Document)

6. Finding Of No Significant Impact 2014 Supplemental Environmental Assessment (SEA) for Construction of

a Concrete Casing Extension in the Hudson Yards (Reference Document)
3/8/2021 AKRF, Inc. Mail - Re: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-a%3Ar753231873402... 2/6

7. 2014 Hudson Yards Concrete Casing Construction Supplemental Environmental Assessment (Reference

Document)

The 2004 FGEIS is available online separately here: https://esd.ny.gov/2004-hudson-yards-feis

Please let me know if you have any issues accessing these materials, or require anything else at this time. Thank you.

Best,

Jennifer Morris

**************************************************************************************

AKRF WebFolders LogOn Instructions

Below are instructions for securely sending/receiving large files for project via AKRF's Extranet:

1. Click on (or otherwise navigate to): https://nyctransfer.akrf.com

Login with credentials: 

Username: WRYIP4NYCParks

Password: uE2dW5eU6vF2

[Please Note: Username and Password are cAsE sEnsItive] 

2. A window should appear where you can:

Select extranet files to transfer to your computer; or

Select files on your computer to transfer to the extranet.

Notes:

Files stored on AKRF's WebFolders system are available for thirty days only, based on the date they were uploaded.

WebFolders works best with the latest version of your web browser. If you are using an older web browser or a mobile

phone , you may have trouble using the "full version" of the site: After a successful login, try the "View Lite Version" link at

the bottom of the page.

If you are having trouble, contact your IT department. For password issues, contact AKRF's IT Help Desk (646) 388-9729

or email us.

************************************************************************************** 

__________________

Jennifer Morris, AICP

AKRF, INC.

Environmental, Planning, and Engineering Consultants

440 Park Ave South, 7th Floor | New York, NY 10016

646.306.1376 | jmorris@akrf.com

On Wed, Mar 3, 2021 at 1:46 PM Poole, Andrea (FRA) <andrea.poole@dot.gov> wrote: 

David,

Thank you so much for the conversation today. I have outlined our discussion points below. Please let me know if I

have missed any details on our path forward. 
3/8/2021 AKRF, Inc. Mail - Re: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-a%3Ar753231873402... 3/6

1. FRA will provide all Section 106 consultation materials, meeting notes, and background materials used in the

Section 106 process for the Western Rail Yard Infrastructure Project EIS to the NYC Parks team on this email. 

2. NYC Parks will have 30-days to review as a consulting party on the S106 process. 

3. At the end of the review period, NYC parks will provide a consultation letter to FRA, or request a meeting with

FRA to discuss findings and concerns. At that time FRA and NYC parks will develop a process and timeline to

complete the S106 process. I will place a tentative meeting hold to secure a meeting time.

4. FRA anticipates the Draft EIS, anticipated publication May 2021, will include the results of a completed Section

106 process with all consulting parties.

5. For the 4(f) consultation, FRA will ensure that all NYC Parks team members are provided any background

information necessary to review the DEIS analysis of the 4(f) resource. To that end, please reach out to me

directly to communicate any additional background materials that are needed once your receive the DEIS. The

NYC Parks review of 4(f) materials will be during the public review of the DEIS which is 45 days.

FRA appreciates your timely communication back to us on our omission, and we look forward to completing

consultation with your team. 

Best Regards, Andrea 

From: Poole, Andrea (FRA) 

Sent: Monday, March 1, 2021 9:14 AM 

To: 'Cuff, David (Parks)' <David.Cuff@parks.nyc.gov> 

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov>; 'Emily.Humes@parks.nyc.gov'

<Emily.Humes@parks.nyc.gov>; 'Colleen.Alderson@parks.nyc.gov' <Colleen.Alderson@parks.nyc.gov>; Shick, Laura

(FRA) <Laura.Shick@dot.gov>; 'Jennifer Morris' <jmorris@akrf.com>; Stephen Holley <sholley@akrf.com>; Manning,

Derek (Volpe) <Derek.Manning@dot.gov>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

David,

Thank you for your message. Unfortunately, it appears that when Parks responded to accept Participating Agency

status, the request for Section 106 consulting party status was not flagged. The Section 106 consulting party invitation,

which was sent to Mitchell Silver on 8/6/2020 (see attached), did not generate a response, and thus subsequent

consulting party correspondence has not been distributed to the agency. Please see the attached effect determination,

which was circulated to consulting parties on January 12, 2021, and advise whether Parks will wish to comment on the

effect finding.

Best Regards, Andrea

From: Cuff, David (Parks) [mailto:David.Cuff@parks.nyc.gov] 

Sent: Thursday, February 25, 2021 7:05 PM 

To: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination
3/8/2021 AKRF, Inc. Mail - Re: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-a%3Ar753231873402... 4/6

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or

open attachments unless you recognize the sender and know the content is safe.

Hi Andrea,

We put it in a comment letter at an earlier stage of the project that NYC Parks should be a Section 106 consulting party

and we are listed in the table of the Coordination Plan, as seen below.

However, I don’t believe NYC Parks has received any further information about the consulting process, is this

forthcoming? Can you provide more information about the status?

ThanksDavid Cuff

Director of Environmental Review

Planning and Development 

T 212.360.3492

C 917-938-5221

F 212.360.3453

E David.Cuff@parks.nyc.gov 

NYC Parks

The Arsenal, Central Park 

830 Fifth Avenue, Room 401 

New York, NY 10065 

nyc.gov/parks
3/8/2021 AKRF, Inc. Mail - Re: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-a%3Ar753231873402... 5/6

From: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Sent: Thursday, February 25, 2021 10:00 AM 

To: austin.mark@epa.gov; sstokely@achp.gov; Burns, Donald (FTA) <Donald.Burns@dot.gov>;

andrew_raddant@ios.doi.gov; Stephen.Cauffman@cisa.dhs.gov; llennon@mtahq.org; lmessin@lirr.org;

dmbetty@lirr.org; stephen.watts@dec.ny.gov; matthew.maraglio@dos.state.ny.us; daniel.mackay@parks.ny.gov;

uchenna.madu@dot.ny.gov; Estesen, Terrell <terrelle@dep.nyc.gov>; hsemel@cityhall.nyc.gov;

IYoung@moec.nyc.gov; nrasheed@dot.nyc.gov; Gina Santucci (LPC) <GSantucci@lpc.nyc.gov>; Olga Abinader

(DCP) <OABINAD@planning.nyc.gov>; Anthony Howard (DCP) <AHoward@planning.nyc.gov>; Annabelle Meunier

(DCP) <AMEUNIER@planning.nyc.gov>; Cuff, David (Parks) <David.Cuff@parks.nyc.gov> 

Cc: Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Perez-Arrieta, Stephanie (FRA) <s.perezarrieta@dot.gov>; Stephen Holley <sholley@akrf.com>; Keri Cibelli <kcibelli@akrf.com>; Rebecca Kriss

<rkriss@akrf.com>; Castelli, Amishi (FRA) <Amishi.Castelli@dot.gov>; Munz, Pauline (FRA)

<pauline.munz@dot.gov>; Osterhues, Marlys (FRA) <Marlys.Osterhues@dot.gov>; Valenstein, David (FRA)

<david.valenstein@dot.gov> 

Subject: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

Dear Participating Agency Representatives,

An updated revised Public and Agency Coordination Plan (Coordination Plan) has been posted

to the project website at www.westernrailyardinfrastructure.com. The updated version of the

Coordination Plan reflects the most recent details related to the project.

While most of the updates are not substantive, there is one change in particular that I would

bring to your attention. Originally, the coordination plan indicated that Participating Agencies

would have the opportunity to review the DEIS prior to public review. FRA has since determined
3/8/2021 AKRF, Inc. Mail - Re: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-a%3Ar753231873402... 6/6

the 2 weeks that were originally slated for Participating Agency review would not provide

adequate time for your teams to review the document or for FRA to address any substantive

comments prior to public release. Instead, FRA intends for to provide agencies 45 days to

review the DEIS, concurrent with public review of DEIS. FRA will then plan to meet with

agencies separately to ensure comments are addressed prior to release of the FEIS.

If you would like to discuss the updated Coordination Plan, please contact me, Andrea Poole, at

WRYProject@dot.gov or by phone (below). 

FRA will continue to reach out to individual agencies as we move through various consultation

processes. FRA appreciates the time and energy your teams have put into consultation efforts

thus far. 

Best Regards,

Andrea E. Poole, PMP

Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Environment and Project Engineering Division (name change)

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 868-1221
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693237559334... 1/4

Jennifer Morris <jmorris@akrf.com>

RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

1 message

Poole, Andrea (FRA) <andrea.poole@dot.gov> Wed, Mar 3, 2021 at 1:46 PM

To: "Cuff, David (Parks)" <David.Cuff@parks.nyc.gov>

Cc: "Bradley, Michael (Parks)" <Michael.Bradley@parks.nyc.gov>, "Emily.Humes@parks.nyc.gov"

<Emily.Humes@parks.nyc.gov>, "Colleen.Alderson@parks.nyc.gov" <Colleen.Alderson@parks.nyc.gov>, "Shick, Laura

(FRA)" <Laura.Shick@dot.gov>, Jennifer Morris <jmorris@akrf.com>, Stephen Holley <sholley@akrf.com>, "Manning, Derek

(Volpe)" <Derek.Manning@dot.gov>, "Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, "Perez-Arrieta, Stephanie

(FRA)" <s.perez-arrieta@dot.gov>, Keri Cibelli <kcibelli@akrf.com>, Rebecca Kriss <rkriss@akrf.com>

David,

Thank you so much for the conversation today. I have outlined our discussion points below. Please let me know if I have

missed any details on our path forward. 

1. FRA will provide all Section 106 consultation materials, meeting notes, and background materials used in the

Section 106 process for the Western Rail Yard Infrastructure Project EIS to the NYC Parks team on this email. 

2. NYC Parks will have 30-days to review as a consulting party on the S106 process. 

3. At the end of the review period, NYC parks will provide a consultation letter to FRA, or request a meeting with FRA

to discuss findings and concerns. At that time FRA and NYC parks will develop a process and timeline to complete

the S106 process. I will place a tentative meeting hold to secure a meeting time.

4. FRA anticipates the Draft EIS, anticipated publication May 2021, will include the results of a completed Section

106 process with all consulting parties.

5. For the 4(f) consultation, FRA will ensure that all NYC Parks team members are provided any background

information necessary to review the DEIS analysis of the 4(f) resource. To that end, please reach out to me

directly to communicate any additional background materials that are needed once your receive the DEIS. The

NYC Parks review of 4(f) materials will be during the public review of the DEIS which is 45 days.

FRA appreciates your timely communication back to us on our omission, and we look forward to completing consultation

with your team. 

Best Regards, Andrea 

From: Poole, Andrea (FRA) 

Sent: Monday, March 1, 2021 9:14 AM 

To: 'Cuff, David (Parks)' <David.Cuff@parks.nyc.gov>

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov>; 'Emily.Humes@parks.nyc.gov'

<Emily.Humes@parks.nyc.gov>; 'Colleen.Alderson@parks.nyc.gov' <Colleen.Alderson@parks.nyc.gov>; Shick, Laura

(FRA) <Laura.Shick@dot.gov>; 'Jennifer Morris' <jmorris@akrf.com>; Stephen Holley <sholley@akrf.com>; Manning,

Derek (Volpe) <Derek.Manning@dot.gov>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

David,
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693237559334... 2/4

Thank you for your message. Unfortunately, it appears that when Parks responded to accept Participating Agency status,

the request for Section 106 consulting party status was not flagged. The Section 106 consulting party invitation, which

was sent to Mitchell Silver on 8/6/2020 (see attached), did not generate a response, and thus subsequent consulting

party correspondence has not been distributed to the agency. Please see the attached effect determination, which was

circulated to consulting parties on January 12, 2021, and advise whether Parks will wish to comment on the effect finding.

Best Regards, Andrea

From: Cuff, David (Parks) [mailto:David.Cuff@parks.nyc.gov] 

Sent: Thursday, February 25, 2021 7:05 PM 

To: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or

open attachments unless you recognize the sender and know the content is safe.

Hi Andrea,

We put it in a comment letter at an earlier stage of the project that NYC Parks should be a Section 106 consulting party

and we are listed in the table of the Coordination Plan, as seen below.

However, I don’t believe NYC Parks has received any further information about the consulting process, is this

forthcoming? Can you provide more information about the status?

ThanksDavid Cuff

Director of Environmental Review

Planning and Development 

T 212.360.3492

C 917-938-5221

F 212.360.3453

E David.Cuff@parks.nyc.gov 

NYC Parks

The Arsenal, Central Park 

830 Fifth Avenue, Room 401

New York, NY 10065 

nyc.gov/parks
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693237559334... 3/4

From: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Sent: Thursday, February 25, 2021 10:00 AM 

To: austin.mark@epa.gov; sstokely@achp.gov; Burns, Donald (FTA) <Donald.Burns@dot.gov>;

andrew_raddant@ios.doi.gov; Stephen.Cauffman@cisa.dhs.gov; llennon@mtahq.org; lmessin@lirr.org; dmbetty@lirr.org;

stephen.watts@dec.ny.gov; matthew.maraglio@dos.state.ny.us; daniel.mackay@parks.ny.gov;

uchenna.madu@dot.ny.gov; Estesen, Terrell <terrelle@dep.nyc.gov>; hsemel@cityhall.nyc.gov; IYoung@moec.nyc.gov;

nrasheed@dot.nyc.gov; Gina Santucci (LPC) <GSantucci@lpc.nyc.gov>; Olga Abinader (DCP)

<OABINAD@planning.nyc.gov>; Anthony Howard (DCP) <AHoward@planning.nyc.gov>; Annabelle Meunier (DCP)

<AMEUNIER@planning.nyc.gov>; Cuff, David (Parks) <David.Cuff@parks.nyc.gov> 

Cc: Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Perez-Arrieta, Stephanie (FRA) <s.perez-arrieta@dot.gov>;

Stephen Holley <sholley@akrf.com>; Keri Cibelli <kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Castelli,

Amishi (FRA) <Amishi.Castelli@dot.gov>; Munz, Pauline (FRA) <pauline.munz@dot.gov>; Osterhues, Marlys (FRA)

<Marlys.Osterhues@dot.gov>; Valenstein, David (FRA) <david.valenstein@dot.gov> 

Subject: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

Dear Participating Agency Representatives,

An updated revised Public and Agency Coordination Plan (Coordination Plan) has been posted to

the project website at www.westernrailyardinfrastructure.com. The updated version of the

Coordination Plan reflects the most recent details related to the project.

While most of the updates are not substantive, there is one change in particular that I would bring

to your attention. Originally, the coordination plan indicated that Participating Agencies would have

the opportunity to review the DEIS prior to public review. FRA has since determined the 2 weeks
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693237559334... 4/4

that were originally slated for Participating Agency review would not provide adequate time for your

teams to review the document or for FRA to address any substantive comments prior to public

release. Instead, FRA intends for to provide agencies 45 days to review the DEIS, concurrent with

public review of DEIS. FRA will then plan to meet with agencies separately to ensure comments

are addressed prior to release of the FEIS.

If you would like to discuss the updated Coordination Plan, please contact me, Andrea Poole, at

WRYProject@dot.gov or by phone (below). 

FRA will continue to reach out to individual agencies as we move through various consultation

processes. FRA appreciates the time and energy your teams have put into consultation efforts

thus far. 

Best Regards,

Andrea E. Poole, PMP

Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Environment and Project Engineering Division (name change)

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 868-1221
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693352611395... 1/5

Jennifer Morris <jmorris@akrf.com>

RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

1 message

Cuff, David (Parks) <David.Cuff@parks.nyc.gov> Thu, Mar 4, 2021 at 8:14 PM

To: "Poole, Andrea (FRA)" <andrea.poole@dot.gov>

Cc: "Bradley, Michael (Parks)" <Michael.Bradley@parks.nyc.gov>, "Humes, Emily (Parks)" <Emily.Humes@parks.nyc.gov>,

"Alderson, Colleen (Parks)" <Colleen.Alderson@parks.nyc.gov>, "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Jennifer

Morris <jmorris@akrf.com>, Stephen Holley <sholley@akrf.com>, "Manning, Derek (Volpe)" <Derek.Manning@dot.gov>,

"Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, "Perez-Arrieta, Stephanie (FRA)" <s.perez-arrieta@dot.gov>, Keri

Cibelli <kcibelli@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, "Young, Sybil (Parks)" <Sybil.Young@parks.nyc.gov>,

"Semel, Hilary" <HSemel@cityhall.nyc.gov>, "Peter A. Schikler (Law) (pschikle@law.nyc.gov)" <pschikle@law.nyc.gov>

AndreaThanks for your attention to the Section 106 matter we discussed. We also received Jennifer Morris’s email today and

downloaded the Section106 documents provided.

What you outline below represents what we discussed. A few notes:

Please include Sybil Young on the all correspondence related to Section 106. She is NYC Parks’ expert in this

realm. She is CCed.

It may be helpful for all parties involved if you provide us with an Administrative Draft EIS (aka preliminary DEIS)

version of the chapter that discusses 4(f). This would help get us started looking at it and providing feedback.

You asked about a Management Plan for High Line Park. NYC Parks does not have one and likely there is not a

specific plan that matches what you’re are looking for. Friends of the High Line (FHL) mange the park under a

license agreement with NYC Parks. We can try to help facilitate getting any information you need from FHL to help

complete your report. We can discuss at your convenience if you need more information.

We will touch base at the end of the month on the status of our review.

Thanks- Dave

David Cuff

Director of Environmental Review

Planning and Development 

T 212.360.3492

C 917-938-5221
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693352611395... 2/5

F 212.360.3453

E David.Cuff@parks.nyc.gov

NYC Parks

The Arsenal, Central Park 

830 Fifth Avenue, Room 401

New York, NY 10065 

nyc.gov/parks

From: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Sent: Wednesday, March 3, 2021 1:46 PM 

To: Cuff, David (Parks) <David.Cuff@parks.nyc.gov> 

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov>; Humes, Emily (Parks) <Emily.Humes@parks.nyc.gov>;

Alderson, Colleen (Parks) <Colleen.Alderson@parks.nyc.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; Jennifer

Morris <jmorris@akrf.com>; Stephen Holley <sholley@akrf.com>; Manning, Derek (Volpe) <Derek.Manning@dot.gov>;

Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; Perez-Arrieta,

Stephanie (FRA) <s.perez-arrieta@dot.gov>; Keri Cibelli <kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination 

Importance: High

David,

Thank you so much for the conversation today. I have outlined our discussion points below. Please let me know if I have

missed any details on our path forward. 

1. FRA will provide all Section 106 consultation materials, meeting notes, and background materials used in the

Section 106 process for the Western Rail Yard Infrastructure Project EIS to the NYC Parks team on this email. 

2. NYC Parks will have 30-days to review as a consulting party on the S106 process. 

3. At the end of the review period, NYC parks will provide a consultation letter to FRA, or request a meeting with FRA

to discuss findings and concerns. At that time FRA and NYC parks will develop a process and timeline to complete

the S106 process. I will place a tentative meeting hold to secure a meeting time.

4. FRA anticipates the Draft EIS, anticipated publication May 2021, will include the results of a completed Section

106 process with all consulting parties.

5. For the 4(f) consultation, FRA will ensure that all NYC Parks team members are provided any background

information necessary to review the DEIS analysis of the 4(f) resource. To that end, please reach out to me

directly to communicate any additional background materials that are needed once your receive the DEIS. The

NYC Parks review of 4(f) materials will be during the public review of the DEIS which is 45 days.

FRA appreciates your timely communication back to us on our omission, and we look forward to completing consultation

with your team. 

Best Regards, Andrea 
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693352611395... 3/5

From: Poole, Andrea (FRA) 

Sent: Monday, March 1, 2021 9:14 AM 

To: 'Cuff, David (Parks)' <David.Cuff@parks.nyc.gov>

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov>; 'Emily.Humes@parks.nyc.gov'

<Emily.Humes@parks.nyc.gov>; 'Colleen.Alderson@parks.nyc.gov' <Colleen.Alderson@parks.nyc.gov>; Shick, Laura

(FRA) <Laura.Shick@dot.gov>; 'Jennifer Morris' <jmorris@akrf.com>; Stephen Holley <sholley@akrf.com>; Manning,

Derek (Volpe) <Derek.Manning@dot.gov>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

David,

Thank you for your message. Unfortunately, it appears that when Parks responded to accept Participating Agency status,

the request for Section 106 consulting party status was not flagged. The Section 106 consulting party invitation, which

was sent to Mitchell Silver on 8/6/2020 (see attached), did not generate a response, and thus subsequent consulting

party correspondence has not been distributed to the agency. Please see the attached effect determination, which was

circulated to consulting parties on January 12, 2021, and advise whether Parks will wish to comment on the effect finding.

Best Regards, Andrea

From: Cuff, David (Parks) [mailto:David.Cuff@parks.nyc.gov] 

Sent: Thursday, February 25, 2021 7:05 PM 

To: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or

open attachments unless you recognize the sender and know the content is safe.

Hi Andrea,

We put it in a comment letter at an earlier stage of the project that NYC Parks should be a Section 106 consulting party

and we are listed in the table of the Coordination Plan, as seen below.

However, I don’t believe NYC Parks has received any further information about the consulting process, is this

forthcoming? Can you provide more information about the status?

ThanksDavid Cuff

Director of Environmental Review
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693352611395... 4/5

Planning and Development 

T 212.360.3492

C 917-938-5221

F 212.360.3453

E David.Cuff@parks.nyc.gov 

NYC Parks

The Arsenal, Central Park 

830 Fifth Avenue, Room 401

New York, NY 10065 

nyc.gov/parks

From: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Sent: Thursday, February 25, 2021 10:00 AM 

To: austin.mark@epa.gov; sstokely@achp.gov; Burns, Donald (FTA) <Donald.Burns@dot.gov>;

andrew_raddant@ios.doi.gov; Stephen.Cauffman@cisa.dhs.gov; llennon@mtahq.org; lmessin@lirr.org; dmbetty@lirr.org;

stephen.watts@dec.ny.gov; matthew.maraglio@dos.state.ny.us; daniel.mackay@parks.ny.gov;

uchenna.madu@dot.ny.gov; Estesen, Terrell <terrelle@dep.nyc.gov>; hsemel@cityhall.nyc.gov; IYoung@moec.nyc.gov;

nrasheed@dot.nyc.gov; Gina Santucci (LPC) <GSantucci@lpc.nyc.gov>; Olga Abinader (DCP)

<OABINAD@planning.nyc.gov>; Anthony Howard (DCP) <AHoward@planning.nyc.gov>; Annabelle Meunier (DCP)

<AMEUNIER@planning.nyc.gov>; Cuff, David (Parks) <David.Cuff@parks.nyc.gov> 

Cc: Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Perez-Arrieta, Stephanie (FRA) <s.perez-arrieta@dot.gov>;

Stephen Holley <sholley@akrf.com>; Keri Cibelli <kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Castelli,

Amishi (FRA) <Amishi.Castelli@dot.gov>; Munz, Pauline (FRA) <pauline.munz@dot.gov>; Osterhues, Marlys (FRA)

<Marlys.Osterhues@dot.gov>; Valenstein, David (FRA) <david.valenstein@dot.gov> 

Subject: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693352611395... 5/5

Dear Participating Agency Representatives,

An updated revised Public and Agency Coordination Plan (Coordination Plan) has been posted to

the project website at www.westernrailyardinfrastructure.com. The updated version of the

Coordination Plan reflects the most recent details related to the project.

While most of the updates are not substantive, there is one change in particular that I would bring

to your attention. Originally, the coordination plan indicated that Participating Agencies would have

the opportunity to review the DEIS prior to public review. FRA has since determined the 2 weeks

that were originally slated for Participating Agency review would not provide adequate time for your

teams to review the document or for FRA to address any substantive comments prior to public

release. Instead, FRA intends for to provide agencies 45 days to review the DEIS, concurrent with

public review of DEIS. FRA will then plan to meet with agencies separately to ensure comments

are addressed prior to release of the FEIS.

If you would like to discuss the updated Coordination Plan, please contact me, Andrea Poole, at

WRYProject@dot.gov or by phone (below). 

FRA will continue to reach out to individual agencies as we move through various consultation

processes. FRA appreciates the time and energy your teams have put into consultation efforts

thus far. 

Best Regards,

Andrea E. Poole, PMP

Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Environment and Project Engineering Division (name change)

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 868-1221
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693398917669... 1/6

Jennifer Morris <jmorris@akrf.com>

RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

1 message

Poole, Andrea (FRA) <andrea.poole@dot.gov> Fri, Mar 5, 2021 at 8:30 AM

To: "Cuff, David (Parks)" <David.Cuff@parks.nyc.gov>

Cc: "Bradley, Michael (Parks)" <Michael.Bradley@parks.nyc.gov>, "Humes, Emily (Parks)" <Emily.Humes@parks.nyc.gov>,

"Alderson, Colleen (Parks)" <Colleen.Alderson@parks.nyc.gov>, "Shick, Laura (FRA)" <Laura.Shick@dot.gov>, Jennifer

Morris <jmorris@akrf.com>, Stephen Holley <sholley@akrf.com>, "Manning, Derek (Volpe)" <Derek.Manning@dot.gov>,

"Blatnica, Rebecca (Volpe)" <Rebecca.Blatnica@dot.gov>, "Perez-Arrieta, Stephanie (FRA)" <s.perez-arrieta@dot.gov>, Keri

Cibelli <kcibelli@akrf.com>, Rebecca Kriss <rkriss@akrf.com>, "Young, Sybil (Parks)" <Sybil.Young@parks.nyc.gov>,

"Semel, Hilary" <HSemel@cityhall.nyc.gov>, "Peter A. Schikler (Law) (pschikle@law.nyc.gov)" <pschikle@law.nyc.gov>

Ms. Young, Welcome to our team. We are happy to add you to the POC list for the Section 106 process. 

All, Let me know soonest if you have problems opening files, etc..

Many thanks, Andrea

From: Cuff, David (Parks) [mailto:David.Cuff@parks.nyc.gov] 

Sent: Thursday, March 4, 2021 8:15 PM 

To: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov>; Humes, Emily (Parks) <Emily.Humes@parks.nyc.gov>;

Alderson, Colleen (Parks) <Colleen.Alderson@parks.nyc.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; Jennifer

Morris <jmorris@akrf.com>; Stephen Holley <sholley@akrf.com>; Manning, Derek (Volpe) <Derek.Manning@dot.gov>;

Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; Perez-Arrieta,

Stephanie (FRA) <s.perez-arrieta@dot.gov>; Keri Cibelli <kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Young,

Sybil (Parks) <Sybil.Young@parks.nyc.gov>; Semel, Hilary <HSemel@cityhall.nyc.gov>; Peter A. Schikler (Law)

(pschikle@law.nyc.gov) <pschikle@law.nyc.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or

open attachments unless you recognize the sender and know the content is safe.

AndreaThanks for your attention to the Section 106 matter we discussed. We also received Jennifer Morris’s email today and

downloaded the Section106 documents provided.

What you outline below represents what we discussed. A few notes:
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693398917669... 2/6

Please include Sybil Young on the all correspondence related to Section 106. She is NYC Parks’ expert in this

realm. She is CCed.

It may be helpful for all parties involved if you provide us with an Administrative Draft EIS (aka preliminary DEIS)

version of the chapter that discusses 4(f). This would help get us started looking at it and providing feedback.

You asked about a Management Plan for High Line Park. NYC Parks does not have one and likely there is not a

specific plan that matches what you’re are looking for. Friends of the High Line (FHL) mange the park under a

license agreement with NYC Parks. We can try to help facilitate getting any information you need from FHL to help

complete your report. We can discuss at your convenience if you need more information.

We will touch base at the end of the month on the status of our review.

Thanks- Dave

David Cuff

Director of Environmental Review

Planning and Development 

T 212.360.3492

C 917-938-5221

F 212.360.3453

E David.Cuff@parks.nyc.gov

NYC Parks

The Arsenal, Central Park 

830 Fifth Avenue, Room 401

New York, NY 10065 

nyc.gov/parks

From: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Sent: Wednesday, March 3, 2021 1:46 PM 

To: Cuff, David (Parks) <David.Cuff@parks.nyc.gov> 

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov>; Humes, Emily (Parks) <Emily.Humes@parks.nyc.gov>;

Alderson, Colleen (Parks) <Colleen.Alderson@parks.nyc.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; Jennifer

Morris <jmorris@akrf.com>; Stephen Holley <sholley@akrf.com>; Manning, Derek (Volpe) <Derek.Manning@dot.gov>;

Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Shick, Laura (FRA) <Laura.Shick@dot.gov>; Perez-Arrieta,

Stephanie (FRA) <s.perez-arrieta@dot.gov>; Keri Cibelli <kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com> 
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693398917669... 3/6

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination 

Importance: High

David,

Thank you so much for the conversation today. I have outlined our discussion points below. Please let me know if I have

missed any details on our path forward. 

1. FRA will provide all Section 106 consultation materials, meeting notes, and background materials used in the

Section 106 process for the Western Rail Yard Infrastructure Project EIS to the NYC Parks team on this email. 

2. NYC Parks will have 30-days to review as a consulting party on the S106 process. 

3. At the end of the review period, NYC parks will provide a consultation letter to FRA, or request a meeting with FRA

to discuss findings and concerns. At that time FRA and NYC parks will develop a process and timeline to complete

the S106 process. I will place a tentative meeting hold to secure a meeting time.

4. FRA anticipates the Draft EIS, anticipated publication May 2021, will include the results of a completed Section

106 process with all consulting parties.

5. For the 4(f) consultation, FRA will ensure that all NYC Parks team members are provided any background

information necessary to review the DEIS analysis of the 4(f) resource. To that end, please reach out to me

directly to communicate any additional background materials that are needed once your receive the DEIS. The

NYC Parks review of 4(f) materials will be during the public review of the DEIS which is 45 days.

FRA appreciates your timely communication back to us on our omission, and we look forward to completing consultation

with your team. 

Best Regards, Andrea 

From: Poole, Andrea (FRA) 

Sent: Monday, March 1, 2021 9:14 AM 

To: 'Cuff, David (Parks)' <David.Cuff@parks.nyc.gov>

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov>; 'Emily.Humes@parks.nyc.gov'

<Emily.Humes@parks.nyc.gov>; 'Colleen.Alderson@parks.nyc.gov' <Colleen.Alderson@parks.nyc.gov>; Shick, Laura

(FRA) <Laura.Shick@dot.gov>; 'Jennifer Morris' <jmorris@akrf.com>; Stephen Holley <sholley@akrf.com>; Manning,

Derek (Volpe) <Derek.Manning@dot.gov>; Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

David,

Thank you for your message. Unfortunately, it appears that when Parks responded to accept Participating Agency status,

the request for Section 106 consulting party status was not flagged. The Section 106 consulting party invitation, which

was sent to Mitchell Silver on 8/6/2020 (see attached), did not generate a response, and thus subsequent consulting

party correspondence has not been distributed to the agency. Please see the attached effect determination, which was

circulated to consulting parties on January 12, 2021, and advise whether Parks will wish to comment on the effect finding.

Best Regards, Andrea
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693398917669... 4/6

From: Cuff, David (Parks) [mailto:David.Cuff@parks.nyc.gov] 

Sent: Thursday, February 25, 2021 7:05 PM 

To: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Cc: Bradley, Michael (Parks) <Michael.Bradley@parks.nyc.gov> 

Subject: RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or

open attachments unless you recognize the sender and know the content is safe.

Hi Andrea,

We put it in a comment letter at an earlier stage of the project that NYC Parks should be a Section 106 consulting party

and we are listed in the table of the Coordination Plan, as seen below.

However, I don’t believe NYC Parks has received any further information about the consulting process, is this

forthcoming? Can you provide more information about the status?

ThanksDavid Cuff

Director of Environmental Review

Planning and Development 

T 212.360.3492

C 917-938-5221

F 212.360.3453

E David.Cuff@parks.nyc.gov 

NYC Parks

The Arsenal, Central Park 

830 Fifth Avenue, Room 401

New York, NY 10065 

nyc.gov/parks
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693398917669... 5/6

From: Poole, Andrea (FRA) <andrea.poole@dot.gov> 

Sent: Thursday, February 25, 2021 10:00 AM 

To: austin.mark@epa.gov; sstokely@achp.gov; Burns, Donald (FTA) <Donald.Burns@dot.gov>;

andrew_raddant@ios.doi.gov; Stephen.Cauffman@cisa.dhs.gov; llennon@mtahq.org; lmessin@lirr.org; dmbetty@lirr.org;

stephen.watts@dec.ny.gov; matthew.maraglio@dos.state.ny.us; daniel.mackay@parks.ny.gov;

uchenna.madu@dot.ny.gov; Estesen, Terrell <terrelle@dep.nyc.gov>; hsemel@cityhall.nyc.gov; IYoung@moec.nyc.gov;

nrasheed@dot.nyc.gov; Gina Santucci (LPC) <GSantucci@lpc.nyc.gov>; Olga Abinader (DCP)

<OABINAD@planning.nyc.gov>; Anthony Howard (DCP) <AHoward@planning.nyc.gov>; Annabelle Meunier (DCP)

<AMEUNIER@planning.nyc.gov>; Cuff, David (Parks) <David.Cuff@parks.nyc.gov> 

Cc: Blatnica, Rebecca (Volpe) <Rebecca.Blatnica@dot.gov>; Perez-Arrieta, Stephanie (FRA) <s.perez-arrieta@dot.gov>;

Stephen Holley <sholley@akrf.com>; Keri Cibelli <kcibelli@akrf.com>; Rebecca Kriss <rkriss@akrf.com>; Castelli,

Amishi (FRA) <Amishi.Castelli@dot.gov>; Munz, Pauline (FRA) <pauline.munz@dot.gov>; Osterhues, Marlys (FRA)

<Marlys.Osterhues@dot.gov>; Valenstein, David (FRA) <david.valenstein@dot.gov> 

Subject: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

Dear Participating Agency Representatives,

An updated revised Public and Agency Coordination Plan (Coordination Plan) has been posted to

the project website at www.westernrailyardinfrastructure.com. The updated version of the

Coordination Plan reflects the most recent details related to the project.

While most of the updates are not substantive, there is one change in particular that I would bring

to your attention. Originally, the coordination plan indicated that Participating Agencies would have

the opportunity to review the DEIS prior to public review. FRA has since determined the 2 weeks
3/19/2021 AKRF, Inc. Mail - RE: Western Rail Yard Infrastructure Project EIS: Updates to Agency Coordination

https://mail.google.com/mail/u/0?ik=54d2273282&view=pt&search=all&permthid=thread-f%3A1692729790954360307%7Cmsg-f%3A1693398917669... 6/6

that were originally slated for Participating Agency review would not provide adequate time for your

teams to review the document or for FRA to address any substantive comments prior to public

release. Instead, FRA intends for to provide agencies 45 days to review the DEIS, concurrent with

public review of DEIS. FRA will then plan to meet with agencies separately to ensure comments

are addressed prior to release of the FEIS.

If you would like to discuss the updated Coordination Plan, please contact me, Andrea Poole, at

WRYProject@dot.gov or by phone (below). 

FRA will continue to reach out to individual agencies as we move through various consultation

processes. FRA appreciates the time and energy your teams have put into consultation efforts

thus far. 

Best Regards,

Andrea E. Poole, PMP

Environmental Protection Specialist

U.S. Department of Transportation

Federal Railroad Administration

Environment and Project Engineering Division (name change)

1200 New Jersey Avenue, SE

Washington, DC 20590

(202) 868-1221