Denver Union Station 

Record of Decision

Table of Contents

1.0 Summary 1 

2.0 Background 1 

3.0 Purpose and Need 2 

4.0 Alternatives Considered 3 

 4.1 No-Action Alternative 4 

 4.2 Build Alternative 5 

 4.3 Phase 1 Alternative 7 

5.0 Environmental Consequences and Mitigation Measures 7 

5.1 Construction 8 

5.2 Traffic 8 

5.3 Railroad Operations 9 

5.4 Noise 10 

5.5 Air Quality 11 

5.6 Water 11 

5.7 Right-of-Way 11 

5.8 Cumulative Impacts 12 

5.9 Section 106 Historic Resources 12 

5.10 Section 4(f) Department of Transportation Act Resources 12 

5.11 Mitigation Measures 14 

6.0 Impacts 14 

6.1 Adverse Environmental Effects 14 

6.2 Irreversible and Irretrievable Impacts 15 

7.0 Decision 15 

7.1 Basis for Decision 15 

7.2 Decision 15 

7.3 Section 106 of the National Historic Preservation Act 15 

7.4 Section 4(f) Determination 16 

7.5 Executive Orders 11990 (Wetlands) and 

11988 (Floodplain Management) 17 

7.6 Conclusion 17 

Figures

Figure 1-1 

Figure 1-2 

Appendices

Appendix A: Impact Mitigation Measures 

Appendix B: Amended Memorandum of Agreement 

Appendix C: Final EIS Comments and Responses 

Appendix D: Final EIS Errata 
Denver Union Station 

Record of Decision

1

1.0 Summary

On May 20, 2008 the Denver Regional Transit District (RTD) Board of Directors 

approved the Final Environmental Impact Statement (FEIS) for the Denver Union Station 

Improvement Project. The Federal Transit Administration (FTA), as the lead federal 

agency, and the Denver Regional Transit District (RTD) released the Denver Union 

Station Final Environmental Impact Statement on August 15, 2008. The Federal Railroad 

Administration (FRA) acted as a cooperating agency throughout the production of the 

FEIS. The Draft EIS (DEIS) and the FEIS together considered two build alternatives in 

addition to a no-build alternative. The FTA issued its Record of Decision (ROD) 

approving the project on October 17, 2008. In the ROD, FTA selected to proceed with 

the project under the Build Alternative. 

On April 15, 2009, RTD submitted an application to the FRA seeking a 

$152,125,849 loan under the FRA’s Railroad Rehabilitation and Improvement Financing 

(RRIF) program. RTD would use the loan proceeds to fund development of the regional 

passenger rail facility at Denver Union Station (DUS). Under the RRIF program, FRA is 

authorized to make loans and loan guarantees for eligible railroad improvement projects. 

FRA’s decision on the loan application is subject to the requirements of the National 

Environmental Policy Act (NEPA) and related environmental and historic preservation 

laws and regulations (see 49 C.F.R. § 260.35). After carefully considering all of the 

information in the public record, including technical support documents, the FEIS, all 

public and agency comments on the DEIS, the FRA as a cooperating agency has decided 

to proceed with the project under the Build Alternative. The Build Alternative, which 

approaches the proposed improvements in a non-phased approach, was identified as the 

FTA’s and RTD’s preferred alternative in the FEIS. This ROD explains the FRA’s 

decision. FRA’s decision on the loan application will be made subsequent to the issuance 

of this ROD in accordance with the agency’s RRIF program requirements. 

2.0 Background

The FEIS was prepared by the RTD and the FTA and, in cooperation with the Federal 

Highway Administration (FHWA), FRA, City and County of Denver (CCD), Denver 

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

Transportation (CDOT). The Final EIS focused on public transportation improvements 

planned at Denver Union Station, the different alternatives available to achieve the 

project’s purpose and need, and the impacts of each proposed transportation element. The 

transportation elements described in this ROD are referred to as the Build Alternative. 

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

categories: 
Denver Union Station 

Record of Decision

2

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

facilities; 

 Infrastructure repairs and upgrades necessary to accommodate the transportation 

 facilities; and, 

 User access to and egress from the facilities. 

These primary elements include: 

 Light Rail 

 Passenger Rail 

 Regional Bus Facility 

 16th Street Mall Shuttle 

 Access improvements for a Downtown Circulator 

 Pedestrian Access and Circulation 

 Street and Infrastructure Reconstruction 

 Parking Structure 

 Bicycle Access 

3.0 Purpose and Need

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

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

Improving DUS will allow for the various regional and state modes of transportation to 

be brought together into one place, providing efficient and convenient access to and from 

Downtown Denver. 

The DUS project addresses a range of transportation-related issues facing the current 

Denver metropolitan area. Denver Metropolitan area concerns include the need to 

optimize the region’s transportation system effectiveness and to improve mobility and 

access to employment, recreational, and other major regional activity centers. The 

redevelopment of DUS will help achieve these ends by facilitating connectivity and 

transfers between transportation modes and services within the region, improving 

passenger rail experiences and services, and providing a variety of modal choices to the 

public to reach a broad range of downtown and regional destinations. 

Planning studies within the region have demonstrated an anticipated 50% increase in 

employment and population levels within the metropolitan Denver area by 2030. To 

address this anticipated growth, the region has identified several transportation mode 

solutions, including bus rapid transit (BRT), light rail transit (LRT), passenger rail, and 

high occupancy vehicle (HOV) lanes to help lessen anticipated road congestion, improve 

air quality by avoiding some new vehicular emissions, and offer additional transportation 

options to regional citizens by diversifying available transportation modes. 

To this end, RTD has developed FasTracks, a 12-year comprehensive plan and funding 

program to improve and expand the Denver region’s existing transit system and related 
Denver Union Station 

Record of Decision

3

facilities. Voters approved this plan in November 2004, establishing a 0.4 percent sales 

tax increase as a source to fund implementation. A portion of this dedicated FasTrack 

revenue, along with funds from federal, state, and other local sources, is dedicated to the 

construction of transportation improvements on-site at DUS. 

The FEIS discusses the potential environmental, social, and economic impacts associated 

with the No-Action Alternative, the Build Alternative, and the Phase 1 Alternative. As a 

cooperating agency in the production of the FEIS, the FRA examines the impacts 

resulting from these Alternatives identified in the EIS in this Record of Decision (ROD). 

4.0 Alternatives Considered

The Alternative Development and screening process was initiated concurrent with the 

Denver Union Station Master Plan, to ensure that alternatives explored for the project 

could meet the objectives identified within the Plan. Initiation followed the publication of 

the June 4, 2002 Notice of Intent (NOI) to prepare an EIS in the Federal Register. The 

partner agencies crafted a Vision Statement, developed as part of the DUS Master Plan, 

to guide the formulation of purpose and need and potential project alternatives. The 

project team developed screening criteria and reviewed the criteria with the Union Station 

Advisory Committee (USAC) to evaluate each alternative’s relative ability to meet the 

articulated DUS Master Plan goals and objectives and purpose and need for the project. 

Conceptual engineering was completed for each alternative to the level necessary to 

evaluate each alternative’s ability to accommodate all transportation program 

requirements and modes efficiently, as set forth in the Vision Statement and the DUS 

Master Plan. 

Over forty Alternatives were considered in the Draft EIS. Of these 40, 14 were developed 

by the project team to address the project’s articulated needs, 9 were publicly submitted 

alternatives based on comments received after the public review of the initial 14 project 

team alternatives, and over 20 were conceived as additional design options based on the 

initial 14 and subsequent nine publicly submitted alternatives. 

Each of these alternatives was subjected to a four-tier screening process, with the three 

alternatives surviving the four-tier screening process and undergoing more substantial 

engineering and review. This further examination resulted in the elimination of one 

alternative as not feasible. Project experts eliminated one additional alternative from 

future study upon realization that the improvements/objectives of the alternative could be 

completed through a Phased approach of the ultimate buildout. A phased approach was 

determined to be necessary given the funding constraints that faced the DUS project and 

the Project Management Team (PMT) approved the phasing approach, shaping the 

reasonable alternatives that were presented and analyzed in the DEIS. This alternative is 

referred to as the Phase 1 Alternative in the FEIS and this ROD. 
Denver Union Station 

Record of Decision

4

Following the publication of the DEIS but prior to the publication of the FEIS, the 

transportation needs for DUS shifted, based on additional funding availability and on 

other RTD FasTracks corridors’ selection of vehicle and transportation technologies that 

altered passenger service requirements at DUS. These new factors not analyzed in the 

DEIS altered the funding constraints originally influencing a phased implementation 

plan, and therefore a new combined alternative was developed that could be entirely 

funded in one phase. This alternative integrated the construction of the regional bus 

facility, promoting the relocation and expansion of the RTD regional bus facility from its 

current location and allowing for the already planned Downtown Circulator service and 

room for commercial operators. This alternative is referred to as the Build Alternative in 

the FEIS and this ROD. 

In developing alternatives to be considered, the project team initially explored the 

development of a Transportation Systems Management (TSM) Alternative for evaluation. 

TSM Alternatives generally assume low-cost improvements to already established 

transportation systems to provide benefits beyond those projected under a No-Action 

Alternative. However, as DUS project scoping progressed, it became apparent that the 

likely impacts of the TSM Alternative would differ very little from those of the NoAction Alternative because of the limited number of low-cost improvements that could 

help achieve the project’s purpose and need. As such, the Final EIS examined and 

compared the impacts projected under the No-Action Alternative, the Phase 1 

Alternative, and the Build Alternative. 

The Build Alternative does not encompass the anticipated but subsequent private 

redevelopment of the DUS property. The subsequent redevelopment will not require 

federal approvals and will not use federal funds. This redevelopment of the DUS 

property, anticipated to occur subsequent to and separate from the discussed DUS 

improvements under the Build Alternative, does not depend on the transportation 

improvements contemplated under the Build Alternative and does not affect the selection 

of the Preferred Alternative in any manner. As such, only the secondary and cumulative 

impacts of the private development are considered within the FEIS. 

4.1 No-Action Alternative 

The No-Action Alternative acts as the baseline for comparison of impacts to both the 

Phase 1 Alternative and the Build Alternative. The No-Action Alternative is comprised of 

existing and committed regional land use planning measures and transportation projects 

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

Comparison of the No-Action Alternative with the Build Alternative relies on travel 

modeling, and assumes the existing and committed 2030 road network and 2005 transit 

network. Comparison of the No-Action Alternative with the Phase 1 Alternative relied on 

travel modeling that assumes the 2000 road network and the 2005 transit network. See 
Denver Union Station 

Record of Decision

5

Table 1-1 for the major elements of the No-Action Alternative grouped by major subject 

area. 

Table 1-1 

Major Elements of the No-Action Alternative 

Existing Land Use Systems 

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

Existing Transportation Elements 

 Southwest Corridor LRT (C-line) 

 Southeast Corridor LRT (E-line) 

 16th Street Mall Shuttle 

 Amtrak (passenger rail) at DUS 

 Ski Train at DUS 

 Special event trains 

 RTD north HOV Busway on 19th and 20 Streets connecting to the 16th Street Mall 

 Pedestrian/bike bridges at 16th Street and 1-25, 16th Street and Platte Rive, and 

16th Street and Consolidated Mainline. 

 City of Denver Bike Trails 

 Regional buses (bus stops for RTD and commercial carriers) 

 Local RTD Buses 

DRCOG 2030 Regional Transportation Plan 

 West Corridor LRT 

Private Transportation Projects 

 Pedestrian bridge at 18th Street over the Consolidated Mainline 

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

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

remove on street parking spaces. 

4.2 Build Alternative 

Based on the results of a detailed screening process together with the elimination of 

certain funding constraints motivating a phased approach, the Build Alternative was 

found to best meet the purpose and need for the project and was analyzed within the FEIS 

as the preferred construction alternative for DUS. 

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

DUS Master Plan, including light rail, passenger rail, and regional and express bus 

service, as well as turnaround areas for the 16th Street Mall Shuttle and future Downtown 

Circulator service. Unlike the Phase 1 Alternative, the Build Alternative will not utilize a 

phased project approach to achieve all the full-build objectives; instead the Build 
Denver Union Station 

Record of Decision

6

Alternative would integrate all improvement aspects identified in the Vision Plan as one 

comprehensive project. Figure 1-1 presents a conceptual view of the Build Alternative, 

showing the light rail, passenger rail and a regional bus facility and includes modes that 

will be used by the future FasTracks transit corridors. Figure 1-2 presents a cross-section 

view of the Build Alternative. 

The Build Alternative involves the following major elements, as described in the FEIS: 

 Light Rail: RTD will construct two LRT tracks and platforms so that they are 

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

and West Corridors. 

 Passenger Rail: RTD will construct eight at-grade passenger rail tracks for service 

provided by Amtrak, Ski Train and RTD’s East, North Metro, Northwest, and 

Gold Line Corridors. The FRA continues to engage in ongoing discussions with 

Amtrak, RTD and local regulatory agencies regarding the design and operation 

details for the passenger service, as well as construction staging. Amtrak will 

operate on track four (4), which will be extended to approximately 1600’ in 

length. Storage of Amtrak fleet cars and locomotives calls for 1000’ of double 

track, which will be provided under the Park Avenue West viaduct. Additional 

discussion regarding the passenger rail service and about processes in place to 

resolve final design and operation details is found in this ROD at Section 5.0 

Environmental Consequences and Mitigation. 

 Regional and Commercial Bus Facility: RTD will construct a bus facility under 

17th Street. The facility will extend from the LRT station to the DUS building. 

Twenty-two bus bays will be constructed, two of which will be for commercial 

buses and the remaining 20 for RTD services. Access to the facility will be 

provided via the HOV ramp at 18th Street, and where 18th Street ends at the CML. 

 16th Street Mall Shuttle: RTD will extend the shuttle service along 16th Street with 

a turnaround at the LRT station, and will stop at DUS to provide connectivity and 

service to passenger rail.Downtown Circulator: A separate project from the Build 

Alternative, RTD plans to implement a new downtown circulator to provide 

service on 18th and 19th Streets, and provide access to the below-grade bus 

facility with access via the inbound ramp at the east end of the regional bus 

facility. 

 Pedestrian Access and Circulation: The Build Alternative calls for at-grade 

pedestrian access at all facilities, except the regional bus facility, where access 

will be provided below-grade and will serve as a climate controlled concourse 

with connections to the light rail and passenger rail stations. There will be access 

to the bus facility through escalators, elevators, and stairs. The Build Alternative 

calls for construction of a pedestrian deck crossing over the passenger rail tracks 

for access to passenger rail services and parking. 

 Bicycle Access: Existing bicycle routes will remain under the Build Alternative 

and a new connection on 16th street between Wynkoop Street and the Millennium 

Bridge will be constructed. Bicycle racks and lockers will be provided around the 
Denver Union Station 

Record of Decision

7

transit facilities. A site between 15th and 16th serves as a potential location for a 

bike station assuming an operator and supplemental funding can be identified. 

Since publication of the FEIS, the City and County of Denver has committed to 

work with this project to provide unprogrammed Wewatta Street right-of-way in 

this area to serve as a bike station. Bicycles will also be able to share general 

purpose lanes on the additional street infrastructure described in the next section. 

 Street Infrastructure and Reconstruction: Portions of Chestnut Place, and 16th, 

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

transit improvements, as well as auto, bicycle and pedestrian circulation in the 

area. The 16th Street right-of-way will be widened between Wynkoop and 

Wewatta Streets and rebuilt between Wewatta Street and the Millennium Bridge. 

Seventeenth Street will be rebuilt over the below-grade regional bus facility. 

Since publication of the Final EIS, the proposed cross-sections for 16th Street 

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

changes provide additional space for pedestrian movements and improve traffic 

circulation. Neither of the proposed changes creates additional environmental 

impacts. These changes were presented at the Final EIS Public Hearing and made 

available on the project’s website. An extension of the 18th Street alignment west 

of Wynkoop Street will provide access to the parking garage and below-grade bus 

facility as well as the modifications to at-grade transit infrastructure and rights-ofway. 

 Parking Structures: One level of elevated parking over the passenger rail station 

will provide approximately 50 market-rate parking spaces accessible by the 

general public. 

4.3 Phase 1 Alternative 

The Phase 1 Alternative would implement all the above summarized improvements in 

separate phases. Under the Phase 1 Alternative plan, the above listed improvements 

would be implemented gradually over the course of 20 years. The specific order of 

phasing/improvements of the Phase 1 Alternative is outlined in the DEIS. 

5.0 Environmental Consequences and Mitigation Measures

Environmental consequences and recommended mitigation measures for the Build 

Alternative are described in this section. No separate discussion of environmental 

consequences is provided in this ROD for the Phase 1 Alternative since the 

environmental consequences are essentially the same as the Built Alternative but are 

spread out over a longer period of time. 
Denver Union Station 

Record of Decision

8

5.1 Construction 

It is anticipated that the majority of adverse impacts associated with construction at DUS 

will be temporary and not of a permanently adverse nature. Impacts will be typical of 

heavy transit-oriented construction, and will include noise, vibration and dust/particulate 

matter increase in and around the area of the station. Short term congestion related to 

construction activities will likely be caused, due to necessary vehicular detours and 

construction equipment in and around the study area. There will also be short term 

business impacts in the Lower Downtown area during the construction period. These 

construction impacts cannot be avoided, but they are not expected to produce long term 

adverse effects within the study area. Construction is scheduled to span a four year 

period. 

Amtrak and Ski Train passenger train operations will be maintained during the 

reconstruction of the existing track throat north of 18th Street and during the construction 

of the passenger rail station. To maintain continued operations, a temporary platform 

between 18th and 29th Streets will be constructed. Amtrak was provided with design 

options for this temporary platform in June, 2008. Neither of these options would alter 

the projected environmental impacts. The Project team will continue to coordinate with 

both Amtrak and Ski Train prior to and throughout construction, to ensure that all 

provisions for existing train service operations and passenger needs are met at the 

temporary station site. 

5.2 Traffic 

A supplemental transportation study for RTD for the City and County of Denver 

analyzing the Build Alternative was made available after the FEIS was published. RTD 

believes this study to be a more accurate prediction of area vehicle and pedestrian 

movements than the model used in the FEIS. The results of this study have replaced the 

2030 DRCOG model household and employment estimated traffic projections with data 

representative of the specific development projects in the Central Platte Valley. The new 

number of housing units is projected at 1790 and the amount of office space is projected 

at 2,775,000 square feet. It is also estimated that 345,000 square feet of retail and 

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

These projected land use estimates are based on the latest zoning-compliant development 

scenarios, but are not necessarily approved development projects. Though the results of 

the supplemental transportation study identified impacts at several study area 

intersections, only four require mitigation under the Build Alternative. 

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

will mitigate these impacts by construction improvements as described in Appendix A. 

 20th Street and Chestnut Place 

 17th Street and Wewatta Street 
Denver Union Station 

Record of Decision

9

 16 Street and Wynkoop Street 

 15th Street and Wewatta Street. 

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

reasonable improvements to these intersections are signal timing adjustments. These 

adjustments will be completed by the City and County of Denver independent of the 

Build Alternative. As such independent improvements, the signal timing adjustments 

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

 Speer Boulevard and Wewatta Street: The additional northbound left turn lane 

and the southbound turn lane on Wewatta Street are no longer part of the 

mitigation. 

 15th Street at Wynkoop Street and Wazee Street: The project team decided not to 

include the addition of a left turn lane from northbound Wazee Street to 

westbound 5th Street because modeling indicated it would require the removal of 

parking spaces supporting a larger downtown system located on the east side of 

Wazee Street. 

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

 17th Street at Chestnut Place and Blake Street 

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

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

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

improvements are planned: 

 20th Street and Wazee Street 

 17th Street and Wynkoop Street 

 18th Street and Wynkoop Street 

5.3 Railroad Operations 

The FEIS described the eight track passenger rail facility and documents two options to 

accommodate different operating scenarios. Based on the updated operations and analysis 

results, the RTD selected the Option 1 operating scenario for implementation. This 

scenario places Amtrak operations on Track 4 within DUS, and provides Amtrak with a 

minimum track length of 1585’ while offering a passenger platform that can be protected 

from the elements. The Build Alternative provides for all servicing and operational needs 

Amtrak currently performs at DUS. Fueling, watering, toilet servicing and inspections 

will all remain at DUS. RTD has determined, through additional design work, that the 

Track 4 location within DUS also provides passenger access from the station building to 

the Amtrak platform that is at least equivalent to the level of access provided to the 

current station/platform location. 

Amtrak has identified the need for a layover storage area for setoff cars and locomotives 

not currently provided at DUS, in order to accommodate future service levels. Since 
Denver Union Station 

Record of Decision

10

publication of the FEIS, additional analysis has determined that placement of the storage 

track will be under the Park Avenue West viaduct, immediately north of the track through 

and extending approximately 1000 feet. This storage site was presented at the Final EIS 

Public Hearing and information regarding the location was published on the Project 

website. The site in total is approximately 50,000 square feet (1.5 acres) and will provide 

space for a two track storage/runaround stub with switches to connect directly into the 

track throat. While environmental impacts of this specific storage track location were not 

separately analyzed in the FEIS, the operation of a storage track was included in the base 

assumptions. Therefore, impacts from noise, vibration and air quality are already 

accounted for in those analyses presented in the FEIS. Storage track construction at this 

location will require acquisition of currently undeveloped and unused right-of-way from 

Union Pacific Railroad. RTD will adhere to all federal guidelines for acquisition and 

relocation assistance. Shallow soil excavation will be required to construct the tracks, and 

provide for the possibility of encountering contaminated soil and groundwater. The 

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

system to assess, contain, treat and dispose of contaminated that will be undertaken for 

the other 160,000 cubic acres of soil to be removed by this project not in relationship to 

the creation of the new storage track. These modifications to the passenger rail element of 

the DUS project are consistent with the scope of improvements as provided by the FEIS 

and will not result in significant environmental impacts. 

Amtrak and several other FEIS commenters suggested the importance of providing or 

preserving capacity to connect the passenger rail station to the southbound Consolidated 

Main Line tracks. This connection, however, is not part of this project’s purpose and 

need and RTD has determined is not necessary to provide adequate capacity for the rail 

services to be funded or planned for the 2030 horizon year. RTD realized, however, that 

the current design serving the purpose and need creates and would support future 

potential connections that could be used by Amtrak at future stations adjacent to the CML 

tracks or connected to the CML by a short connection track. Therefore, RTD continues to 

engage Amtrak and FRA in conversations to address specific design details, including a 

detailed analysis of passenger movements through the station. This would confirm the 

adequacy of capacity and passenger comfort levels on major routes and vertical 

circulation elements. If this coordination suggests the need for additional design 

refinements, the FRA will reevaluate the potential change in environmental impacts in 

coordination with the FTA and RTD. 

5.4 Noise 

The increase in passenger rail traffic to DUS will result in moderate noise impacts at two 

residences within the IceHouse Lofts. No mitigation measures are required for moderate 

impacts. The FEIS Errata, which made technical edits to the FEIS and is found in 

Appendix D to this document, includes two additional tables, since minor discrepancies 

were found in FEIS Table 5-9 for Noise Impact Assessment and Results, and FEIS Table 
Denver Union Station 

Record of Decision

11

5-10 for Predicted 50 foot Reference Noise Levels for the Build Alternative. The Noise 

Impact Assessment Results reported outdated information regarding the noise impacts at 

the IceHouse Lofts and One Wynkoop Plaza; the new information identifies a lesser 

impact at these locations than originally calculated. 

5.5 Air Quality 

Under the Build Alternative, the air quality analysis indicates that mobile source impacts 

and stationary source impacts are both within the limits established by the national 

Ambient Air Quality Standards (NAAQS). Air toxic levels for the 2030 Build Alternative 

are less than what exists for current conditions, but are slightly higher that what would be 

achieved under the No-Action alternative. This is due the increased passenger rail activity 

associated with the Build Alternative. Mitigation is not required for air quality impacts. 

Hot spot analysis performed for the FEIS evaluated local air quality impacts caused by 

the DUS project. This analysis shows that the NAAQS are not expected to be violated in 

either the opening year or the design year for the project at any analyzed location. 

5.6 Water 

The Build Alternative will increase impervious surface area with a corresponding 

increase in storm runoff. All increased storm runoff can be accommodated in the existing 

stormwater system, which will not require modification under this project. Additions to 

impervious surface area will increase the potential for new pollutants to enter surface 

water resources, which could affect local water quality. Mitigation measures to include 

temporary and best management practices will be implemented under the Build 

Alternative to minimize the potential to water resource impacts within the project area. 

Because of known existing contamination at the DUS site, it is expected that 

encountering contaminants cannot be avoided during project construction. Therefore, 

hazardous materials and groundwater existing at the site may be disturbed. If the 

groundwater is contaminated and the conditions for permit acquisition are met, a 

groundwater remediation permit from the Colorado Department of Public Health and 

Environment (CDPHE) will be obtained. 

5.7 Right-of-way 

Most elements of the Build Alternative will be constructed exclusively on the DUS site. 

Minor right-of-way acquisitions of .04 acre will be required at the IceHouse Lofts in 

order to widen access on 18th Street to the regional bus facility and proposed parking 

structure. This need for right-of-way was discussed in the FEIS. 
Denver Union Station 

Record of Decision

12

Since the publication of the FEIS, RTD has decided to place the storage track under the 

Park Avenue West viaduct, immediately north of the track throat. This will require the 

permanent acquisition of approximately 1.15 acres of right-of-way from Union Pacific 

Railroad. As design of this storage track element progresses, additional right-of-way 

acquisitions, including those for temporary construction easements, may be determined 

necessary. All other property necessary for the Build Alternative at the station and 

adjacent to the CML is owned by RTD. 

5.8 Cumulative Impacts 

Cumulative impacts were calculated for each affected resource, and can be found in 

resource specific discussions within the FEIS document. Cumulative impact is the 

impact “on the environment which results from the incremental impact of the action 

when added to other past, present and reasonably foreseeable future actions.” (40 C.F.R. 

§ 1508.7). Cumulative impacts for this project include impacts resulting both from public 

and private projects related to the redevelopment of DUS. The geographic boundaries of 

areas of cumulative impacts analysis differed with the specific resources being evaluated. 

Overall, the cumulative impacts of the Build Alternative will not result in a significant 

incremental impact when added to the other past, present and reasonably foreseeable 

future actions in the area. 

5.9 Section 106 Historic Resources 

The FEIS documents 23 historic properties within the Area of Potential Effects (APE). 

The project sponsors in consultation with the Colorado State Historic Preservation Office 

(SHPO) determined that the Build Alternative will have an adverse impact to three 

historic resources: The Denver Union Station tunnels, the Delgany Street Sewer, and the 

railroad tracks west of Union Station (tail tracks). Each of these three sites will be 

directly and adversely affected by the redevelopment of DUS into a multi-modal 

transportation hub under the Build Alternative. None of the other properties within the 

APE will be adversely affected by the Build Alternative. Mitigation measures have been 

identified for each impact and are described in Section 5.11, below. A Memorandum of 

Agreement (MOA) between FTA, RTD, SHPO and ACHP was developed and signed to 

complete the Section 106 Process. FRA petitioned FTA as the lead federal agency and 

the other signatories to the MOA to amend this MOA to add the FRA as a signing party. 

The amended MOA with the FRA signature was executed in February, 2010 and is 

attached to this ROD as Appendix B. 

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

Section 4(f) applies to the proposed project because it involves the use of several 

properties on or eligible for the National Register of Historic Places. The FEIS included 
Denver Union Station 

Record of Decision

13

a section 4(f) finding which concluded that no feasible and prudent alternatives exist to 

the use of the three resources identified above. In order to achieve the stated Purpose and 

Need for the project, the use of the Denver Union Station tunnels, the tracks located 

behind Denver Union Station, and the Delgany Street Sewer is required. 

Only the passenger rail station and regional bus facility components of the Build 

Alternative involve the use of the Denver Union Station tunnels, located at historic 

Denver Union Station. To avoid a use of the DUS tunnels, the passenger rail station 

facilities would need to be developed adjacent to the CML. All alternatives that placed 

the passenger rail facilities adjacent to the CML were deemed infeasible by the project 

sponsors because the grade separations necessary to bring the corridors into a station at 

that location could not be constructed as a matter of sound engineering judgment. It was 

also determined that rerouting passenger rail service either over or under the Prospect 

neighborhood, the adjacent rail yards and the Park Avenue and HOT Lane viaducts was 

not a feasible alternative. The regional bus facility has limited options for placement in 

and around DUS. Project alternatives that constructed the regional bus facility below the 

parking lots between the historic station and Wynkoop Street are no longer practical. To 

preserve multi-modal connectivity, the project would have to construct a grade separated 

pedestrian connection and Downtown Circulator facilities between the light rail and 

commuter rail facilities, adding significant expense to the overall project. The regional 

bus facility can also not be constructed on a second level deck as studies suggested in 

some alternatives, because this construction method would impinge upon the protected 

17th Street view corridor from Union Station to the CML. Construction of a second level 

deck between 18th and 19th Streets is also not feasible based on significant safety 

concerns. Based on these considerations, there is no prudent and feasible alternative to 

the use of the Denver Union Station tunnels. 

The Build Alternative requires the use of the historic tracks adjacent to DUS. Removal of 

6.9 acres of track between Cherry Creek and 20th Street is required to accommodate the 

construction of a new passenger rail station and allow for access into that station. The 

station will require the addition of three new tracks to accommodate projected traffic and 

rail uses, and streets adjacent to the station will be reconfigured to allow better vehicular 

access and movements. It is anticipated that these tracks would be affected under the NoAction Alternative as well, since the City of Denver would request removal of some or all 

of the tail tracks located between 15th and 16th Street, resulting in no functional use of the 

tracks between Cherry Creek and 15th Street. Based on these considerations, there is no 

prudent and feasible alternative to the use of the historic tracks adjacent to Denver Union 

Station. 

The Build Alternative will use the Delgany Street Sewer located under Wewatta Street by 

removing a portion of the abandoned structure to construct the underground bus facility. 

Alternatives that avoided the use of the Delgany Street Sewer located the bus facility on a 

second level deck. This alternative was found to be infeasible because the facility would 
Denver Union Station 

Record of Decision

14

impinge upon the protected 17th Street view corridor from Union Station to the CML. 

One additional alternative that located the bus facility underground, parallel to the 

passenger rail station was eliminated after FRA consultation led to the determination that 

the location was not feasible based on sound engineering principles. Based on these 

considerations, there is no prudent and feasible alternative to removing the Delgany 

Street Sewers. 

The Build Alternative includes all possible planning to minimize harm to these Section 

4(f) properties resulting from their use for this project. FTA, as the lead federal agency, 

the SHPO and other consulting parties executed a Memorandum of Agreement (MOA) 

outlining the measures and commitments to be taken to minimize the harm and mitigate 

the impacts to these Section 106 and Section 4(f) resources. The MOA was amended in 

February, 2010 to include the FRA as a signing party. 

The FRA has carefully reviewed the Section 4(f) Statement prepared by FTA and 

included in the FEIS and incorporated in the FTA ROD. FRA has concluded that it fully 

addresses the requirements of Section 4(f) and includes the information needed to make 

the findings required under Section 4(f). Since the FRA’s action (potential Federal 

funding under the RRIF program) addresses the identical project covered in the FTA 

Section 4(f) Statement, FRA has not prepared a separate Section 4(f) Statement but 

adopts the 4(f) Statement prepared by FTA. On the basis of this statement and FRA’s 

independent evaluation of it, FRA concludes that there are no feasible and prudent 

alternatives to the identified Section 4(f) uses and that the project (specifically through 

the MOA) includes all possible planning to minimize harm to the properties resulting 

from use of the identified Section 4(f) resources. 

5.11 Mitigation Measures 

Mitigation measures are described in detail in the Final EIS, and mitigation commitments 

are formally adopted as a part of this document. The full table of mitigation measures is 

included in Appendix A of this document. 

The FEIS provides a comparison of direct impacts and mitigation strategies by alternative 

for each potential impact area. Specific mitigation commitments will be undertaken as set 

forth in the mitigation table where impacts are likely under the Build Alternative for 

identified impact areas. 

6.0 Impacts

6.1 Adverse environmental effects which cannot be avoided should the proposed 

project be implemented under the Build Alternative 
Denver Union Station 

Record of Decision

15

Under the Build Alternative, there are some adverse environmental effects that cannot be 

avoided. Visual aesthetics in the area would be permanently altered from that of generally 

open, undeveloped area to that of a developed, transportation activity hub. These changes 

overall will remain consistent with the surrounding urban environment. 

Three identified historic properties will be adversely affected through partial or full 

removal. FRA is party a to a MOA outlining mitigation measures for identified impacts 

to historic properties. Transportation and traffic patterns within the area of DUS will also 

be permanently altered and increased within the DUS study area. RTD and all involved 

agencies have established detailed mitigation measures and commitments to address 

specific identified adverse transportation and/or traffic impacts resulting from the 

development of DUS. 

6.2 Irreversible and irretrievable impacts on the environment which may be 

involved in the proposed project should it be implemented. 

If implemented, the Build Alternative may involve some irreversible and irretrievable 

impacts on the environment. The Build Alternative would permanently alter the 

transportation environment at and surrounding DUS, creating a major intermodal 

transportation hub. Traffic patterns surrounding DUS will be permanently altered to 

accommodate increases in vehicular and pedestrian trips related to the redevelopment of 

DUS. The visual appearance of the DUS project area will be altered, as the 

redevelopment of DUS is anticipated to motivate separate development of the 

surrounding area, consistent with the aesthetics associated with major metropolitan 

transportation hubs. RTD and all involved parties have explored the potential for 

irreversible and irretrievable impacts to the DUS project area under the Build Alternative, 

and have set forth identified mitigation measures to minimize irreversible and 

irretrievable impacts. 

7.0 Decision

7.1 Basis for Decision 

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

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

public review period ending on September 29, 2008. Thirty-five commenters (both 

agency and general public) submitted comments on the Final EIS during the comment 

period. A public hearing for the final EIS was held on September 10, 2008. Comments 

and responses to comments received on the Final EIS are incorporated into this ROD, and 

are listed in Appendix C. FTA issued its ROD on October 17, 2008. 

7.2 Decision 
Denver Union Station 

Record of Decision

16

The FRA, in accordance with NEPA and the NEPA implementing regulations (40 CFR 

Parts 1500-1508; 64 FR 28545 and 23 CFR Part 771), and by this ROD finds that the 

requirements of NEPA have been satisfied for the Denver Union Station Improvement 

Project. The environmental record for the Union Station Project includes the Draft EIS 

and the Final EIS, the FEIS Comments and Responses, the FEIS Errata and the Amended 

Memorandum of Agreement between parties. These documents represent the detailed 

analysis and findings required by NEPA on: 

 The environmental impacts of the proposed project 

 Alternatives to the proposed project 

 Irreversible and irretrievable impacts on the environment which may be involved 

in the proposed project should it be implemented. 

The ROD also documents compliance with other applicable federal environmental laws, 

rules and regulations as follows: 

7.3 Section 106 of the National Historic Preservation Act 

Section 106 of the NHPA of 1966 requires that any federal agency having direct or 

indirect jurisdiction over a proposed federal or federally assisted undertaking take into 

account the effect of the undertaking on any district, site, building, structure, or other 

object that is included on or eligible for including in the National Register of Historic 

Places. Under this provision, the NEPA lead agency, the State Historic Preservation 

Officer (SHPO), affected Native American tribes, and other “consulting” parties 

participate in a consultation process regarding the potential effects of the undertaking on 

historic resources. Coordination with the Colorado SHPO has determined that the Build 

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

and Denver Union Station, the Delgany Street Sewer, and the railroad track west of 

Union Station. Mitigation measures have been identified for each impact and are 

described in Section 1.5. A Supplemental Memorandum of Agreement (MOA) between 

FTA as the lead agency, RDT, SHPO, ACHP, and FRA is attached as Appendix B to this 

ROD. 

7.4 Section 4(f) Determination 

Section 4(f) of the Department of Transportation Act (1966) mandates the protection of 

the “natural beauty of the countryside and public park and recreation lands, wildlife and 

waterfowl refuges, and historic sites.” Any transportation project that uses such Section 

4(f) resources must conduct a Section 4(f) evaluation, and the Department of 

Transportation, including the FRA, may only approve a project requiring the use of such 

Section 4(f) resources only if there is no prudent and feasible alternative that would avoid 

the use and if the program or project includes all possible planning to minimize harm to 

the affected land or resource. Chapter 6 of the FEIS addresses the Section 4(f) evaluation.