Prepared by:

HNTB New York Engineering

and Architecture, PC

In association with:

Clough, Harbour & Associates, LLP

Louis T. Klauder & Associates

AKRF, Inc.

Pinyon Environmental, Inc.

High Speed Rail 

Empire Corridor

Tier 1 Draft Environmental 

Impact Statement

Volume 4

U.S. Department of Transportation

Federal Railroad Administration

New York State 

Department of Transportation

List of Volumes Tier 1 Draft EIS 

High Speed Rail Empire Corridor Program

Tier 1 Draft Environmental Impact Statement

This Tier 1 Draft Environmental Impact Statement (EIS) consists of four volumes:

Volume 1 Environmental Impact Statement, which includes:

• Executive Summary

• Chapter 1, Introduction and Purpose and Need

• Chapter 2, Existing Transportation Conditions and Major Markets

• Chapter 3, Alternatives

• Chapter 4, Social, Economic, and Environmental Considerations

• Chapter 5, Financial Capacity

• Chapter 6, Comparison of Alternatives

• Chapter 7, Comments and Coordination

• References, Acronyms, Glossary of Terms, and List of Preparers

Volume 2 Appendix A - Track Schematics, (On CD-ROM at the back of Volume 1)

Track schematic (11”x17”) plans of the Base Alternative and four Build Alternatives 

Volume 3 Appendices B through H, (On CD-ROM at the back of Volume 1)

• Appendix B Ridership and Revenue Forecasting

• Appendix C Alternatives Development and Screening Report

• Appendix D Rail Network Operations Simulation

• Appendix E Committed Highway, Bus, and Airport Improvement Projects

• Appendix F Capital, Operating, and Maintenance Costs Estimating Methodology

• Appendix G Existing Conditions Supporting Documentation

• Appendix H Draft Programmatic Agreement

Volume 4 Appendices I through J, (On CD-ROM at the back of Volume 1)

• Appendix I Agency Correspondence

o Cooperating Agencies Correspondence

o Participating Agencies Correspondence

o Section 106 Correspondence

o Agency Notification Correspondence 

• Appendix J CSXT and NYSDOT Agreements

High Speed Rail Empire Corridor Program

New York State Department of Transportation 
This page intentionally left blank. 
Appendix I Agency Correspondence
This page intentionally left blank. 
Table of Contents Tier 1 Draft EIS 

Table of Contents

1. Cooperating Agencies Correspondence ......................................................................................I-1

1.1 Cooperating Agency Invitation Letters .....................................................................................I-3

1.2 Cooperating Agency Responses............................................................................................I-53

2. Participating Agencies Correspondence....................................................................................I-61

2.1 Participating Agency Invitation Letters...................................................................................I-63

2.2 Participating Agency Responses .........................................................................................I-113

3. Section 106 Correspondence...................................................................................................I-121

4. Agency Notification Correspondence.......................................................................................I-391

4.1 Agency Information Requests ..............................................................................................I-393

4.2 Agency Information Responses ...........................................................................................I-441

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page i
This page intentionally left blank. 
Appendix I – Agency Correspondence Tier 1 Draft EIS 

1. Cooperating Agencies Correspondence

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-1
This page intentionally left blank. 
Appendix I – Agency Correspondence Tier 1 Draft EIS 

1.1 Cooperating Agency Invitation Letters

Index of Cooperating Agency Invitation Letters

Valenstein, David, Division Chief, Environment and Systems Planning, “High Speed Rail Empire 

Corridor Project, Tier I Environmental Impact Statement, New York City to Buffalo/Niagara Falls,” 

Letter, May 3, 2011 to Mr. Gary Kassof, U.S. Coast Guard, May 3, 2011.

Corrado, Marie, Director of Major Projects, State of New York Department of Transportation, “PIN 

S937.51.171, High Speed Rail Empire Corridor Project, Tier 1 Environmental Impact Statement, 

New York City to Buffalo/Niagara Falls,” Letter, October 7, 2010, to the following:

Ms. Maria Chau

Federal Highway Administration (FHWA)

Leo W. O'Brien Federal Bldg. Rm 719

Clinton Ave & North Pearl Street

Albany, NY 12207

Lingard Knutson

US Environmental Protection Agency (EPA)

290 Broadway, 25th floor

New York, NY 10007

Ms. Brigid Hynes-Cherin

Federal Transit Administration (FTA)

One Bowling Green, Room 429

New York, NY 10004

Mr. Leonard Houston

US Army Corps of Engineers (USACE)

26 Federal Plaza, Room 2109

New York, NY 10278

Ms. Anne Reynolds

NYS Department of Environmental Conservation (NYSDEC)

625 Broadway

Albany, NY 12233

Mr. Kevin Millington

NYS Department of State (NYSDOS)

41 State Street

Attn: Coastal Management Program

Albany, NY 12231

Ms. Anne Secord

US Fish & Wildlife Service (FWS)

3817 Luker Rd.

Cortland, NY 13045

Mr. Ronald Anzalone

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-3
Tier 1 Draft EIS Appendix I – Agency Correspondence

Advisory Council on Historic Preservation (ACHP)

Old Post Office Building

1100 Pennsylvania Ave, N.W. Suite 809

Washington DC, 20004

Mr. William Hollister

Amtrak (National Railroad Passenger Corporation)

Amtrak General Offices, 525 East Street

Rensselaer, NY 12144

Mr. Peter Colosi

National Marine Fisheries Service (NMFS)

55 Great Republic Drive

Gloucester, MA 01930-2298

Mr. Andy Beers

NYS Office of Parks, Recreation & Historic Preservation

Agency Building 1

Albany, NY 12238

Mr. Gary Kassof

US Coast Guard

Battery Park Building

1 South St.

New York, NY 10004-5073

Corrado, Marie, Director of Major Projects, State of New York Department of Transportation, “PIN 

S937.51.171, High Speed Rail Empire Corridor Project, Tier 1 Environmental Impact Statement, 

New York City to Buffalo/Niagara Falls,” Letter, October 12, 2010, to the following:

Mr. Dennis Reidenbach, Northeast Regional Director

National Park Service

U.S. Custom House

200 Chestnut Street, 5th Floor

Philadelphia, PA 19106

Ms. Ruth Pierpont, Director

New York State Historic Preservation Office

Peeples Island, P.O. Box 189

Waterford, NY 12188

Mr. Bob Ewing

New York State Department of Environmental Conservation

Division of Environmental Permits

625 Broadway, 4th Floor

Albany, NY 12233

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-4
U.S. DeparimerTi 

of Transportation 

Federal Railroad 

Administration 

MAY - 3 2011 

Mr. Gary Kassof 

US Coast Guard 

Battery Park Building 

1 South St. 

New York, NY 10004-5073 

Re: High Speed Rail Empire Corridor Project 

Tier l Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Dear Mr. Kassof: 

1200 Hew Je1 sey Avenue, SE 

Washington, DC 20590 

The Federal Railroad Administration (FRA), in cooperation with the New York State Department of 

Transportation (NYSDOT), is preparing a Tier 1 Environmental Impact Statement (EIS) that will study 

and document proposed improvements to intercity passenger rail services along the 463-mile Empire 

Corridor, beginning at Penn Station in New York City, New York County and proceeding north to 

Poughkeepsie (Dutchess County) and Albany (Albany County) then turning west to Schenectady 

(Schenectady County), Utica (Oneida j:::ounty), Syracuse (Onondaga County), Rochester (Monroe 

County), Buffalo (Erie County) and teiminating at Niagara Falls (Niagara County). 

The objective is to make corridor level decisions regarding the level of intercity passenger rail service 

provided in the corridor, including, among other factors, variations in train frequency, trip time, and ontime performance. Alternatives that improve the on-time performance and increase the average operating 

speeds up to a maximum authorized speed (MAS) of 110 mph for passenger rail will be evaluated. 

FRA is the lead Federal agency and the New York Department of Transportation is the joint lead state 

agency for this project. The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 

1508.28, in the completion of the environmental review of the project. The initial phase ("Tier 1 EIS") of 

this process will address broad rail service issues and proposals. Subsequent phases or tiers will analyze, 

at a greater level of detail,site-specific projects encompassed by the decisions made in Tier 1. The EIS 

will be developed pursuant to the National Environmental Policy Act of 1969 (NEPA), as amended, 42 

U.S.C. 4321 et seq., the Council on Environmental Quality NEPA implementing regulations, 40 CFR 

parts 1500-1508, FRA NEPA procedures, 64 FR 28545 (May 26, 1999), and the New York State 

Environmental Quality Review Act (SEQR). 

FRA is, in accordance with 40 CFR. l 50 1.6, requesting the involvement of the US Coast Guard (Coast 

Guard) as a cooperating agency with a focus on those areas within Coast Guard jurisdiction. 

As 3 cooperating agency pursuant to NEPA. your involvement in the preparation of the EIS may include 

the following activities: 

Page I-5
I. A''ist in identifying interest groups; 

2. Participate in coordination meetings; 

3. Raise concerns about any relevant technical studies that may be needed for the project; 

4. Provide information on alternatives; 

5. Assist the lead agency in determining appropriate and practicable mitigation. These measures 

should reflect avoidance, minimization, and compensation; 

6. Review pre-draft and pre-final environmental documents and comment as early as practicable on 

environmental and socioeconomic resources located within the project area, particularly sections 

relevant to the Coast Guards purview; 

7. Identify issues, concerns and any technical studies that the EIS should address to support the 

Coast Guard in fulfilling its NEPA or other responsibilities and any other requirements regarding 

jurisdictional permits and/or other approvals. 

We look forward to your response to our request to be a cooperating agency, and to working with you to 

advance this project. The favor of a reply is requested by May 27, 2011. 

If you have any questions or would like to discuss in more detail the project or our agencies' respective 

roles and responsibilities during the preparation of this EIS, please contact Colleen Vaughn of my staff at 

colleen.vaughn@dot.gov or (202) 493-6096, or myself at (202) 493-6368. The NYSDOT project manager 

for the Empire Corridor Tier I EIS is David Chan, who can be reached via phone at (518) 485-1918 or 

email at de han @dot.state.ny.us. 

David Valenstein 

Division Chief 

Environment and Systems Planning 

CC; Mr. David Chan, NYS DOT 

Page I-6
1 

October 7, 2010 

Ms. Maria Chau 

Federal Highway Administration (FHWA) 

Leo W. O'Brien Federal Bldg. Rm 719 

Clinton Ave & North Pearl Street 

Albany, NY 12207 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-7
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-8
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-9
1 

October 7, 2010 

Lingard Knutson 

US Environmental Protection Agency (EPA) 

290 Broadway, 25th floor 

New York, NY 10007 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-10
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency confirm 

your prior decision to be a cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-11
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a cooperating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-12
1 

October 7, 2010 

Ms. Brigid Hynes-Cherin 

Federal Transit Administration (FTA) 

One Bowling Green, Room 429 

New York, NY 10004 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-13
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-14
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-15
1 

October 7, 2010 

Mr. Leonard Houston 

US Army Corps of Engineers (USACE) 

26 Federal Plaza, Room 2109 

New York, NY 10278 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-16
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-17
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-18
1 

October 7, 2010 

Ms. Anne Reynolds 

NYS Department of Environmental Conservation (NYSDEC) 

625 Broadway 

Albany, NY 12233 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-19
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-20
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-21
1 

October 7, 2010 

Mr. Kevin Millington 

NYS Department of State (NYSDOS) 

41 State Street 

Attn: Coastal Management Program 

Albany, NY 12231 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-22
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-23
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-24
1 

October 7, 2010 

Ms. Anne Secord 

US Fish & Wildlife Service (FWS) 

3817 Luker Rd. 

Cortland, NY 13045 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-25
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-26
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-27
1 

October 7, 2010 

Mr. Ronald Anzalone 

Advisory Council on Historic Preservation (ACHP) 

Old Post Office Building 

1100 Pennsylvania Ave, N.W. Suite 809 

Washington DC, 20004 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-28
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-29
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-30
1 

October 7, 2010 

Mr. William Hollister 

Amtrak (National Railroad Passenger Corporation) 

Amtrak General Offices, 525 East Street 

Rensselaer, NY 12144 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-31
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-32
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-33
1 

October 7, 2010 

Mr. Peter Colosi 

National Marine Fisheries Service (NMFS) 

55 Great Republic Drive 

Gloucester, MA 01930-2298 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-34
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-35
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-36
1 

October 7, 2010 

Mr. Andy Beers 

NYS Office of Parks, Recreation & Historic Preservation 

Agency Building 1 

Albany, NY 12238 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-37
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-38
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-39
1 

October 7, 2010 

Mr. Gary Kassof 

US Coast Guard 

Battery Park Building 

1 South St. 

New York, NY 10004-5073 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-40
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-41
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-42
1 

October 12, 2010 

Mr. Dennis Reidenbach, Northeast Regional Director 

National Park Service 

U.S. Custom House 

200 Chestnut Street, 5th Floor 

Philadelphia, PA 19106 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-43
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-44
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-45
1 

October 12, 2010 

Ms. Ruth Pierpont, Director 

New York State Historic Preservation Office 

Peeples Island, P.O. Box 189 

Waterford, NY 12188 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

Page I-46
2 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

Page I-47
3 

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-48

Page I-48
1 

October 12, 2010 

Mr. Bob Ewing 

New York State Department of Environmental Conservation 

Division of Environmental Permits 

625 Broadway, 4th Floor 

Albany, NY 12233 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the completion 

of the environmental review of the project. “Tiering” is a staged environmental review process applied to 

environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this process will address 

Page I-49
2 

broad service-level issues and proposals. Subsequent phases or tiers will analyze, at a greater level of 

detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project may require a permit or approval from your agency, we request your agency to be a 

cooperating agency. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Request your review of relevant sections of the DEIS prior to its release for comment by

the public and other agencies.

6. Encourage your agency to use the above documents to express your views on subjects

within your jurisdiction or expertise; and

7. Include information in the project environmental documents that cooperating agencies

need to discharge their NEPA responsibilities and any other requirements regarding

jurisdictional approvals, permits, licenses, and/or clearances.

Page I-50
3 

You have the right to expect that the EIS will enable you to discharge your jurisdictional responsibilities. 

Likewise you have the obligation to tell us if, at any point in the process, your needs are not being met. 

We expect that at the end of the process, the EIS and our public involvement process will satisfy your 

NEPA requirements, as applicable, including those related to project alternatives, environmental 

consequences and mitigation. Further, we intend to utilize the EIS and FRA’s subsequent record of 

decision as our decision-making documents and as the basis for the permit application. 

Public Involvement: Scoping meetings will be held from 5:30 to 7:30 pm in Buffalo, Rochester, Syracuse, 

Utica, Albany, and New York City, in late October and early November. We encourage you to attend. A 

Scoping Information Package will be available in the days ahead. 

A public hearing will be held after publication of the Tier 1 DEIS to obtain comments on that document. 

Public notice will be given prior to the hearing regarding its time and location and process for submitting 

comments. 

We look forward to your comments and response to this request and your participation as a cooperating 

agency on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be or will not be a cooperating agency to us by October 15, 2010. E-mail 

replies should be sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-51
This page intentionally left blank. 
Appendix I – Agency Correspondence Tier 1 Draft EIS 

1.2 Cooperating Agency Responses

Index of Cooperating Agency Responses 

Musumeci, Grace, Chief, Environmental Review Section, Strategic Planning and Multi-Media 

Programs Branch, U.S. Environmental Protection Agency, “High Speed Rail Empire Corridor Project 

Tier 1 EIS New York City to Buffalo/Niagara Falls - PIN S937.51.171,” Letter to David Chan, New 

York State Department of Transportation, October 14, 2010.

Kassof, Gary, Bridge Program Manager, First Coast Guard District, Letter to Marie Corrado, New 

York State Department of Transportation, November 5, 2010.

Alworth, Tom, Deputy Commissioner for Natural Resources, New York State Office of Parks, 

Recreation and Historic Preservation, “High Speed Rail Empire Corridor - response needed,” Email 

communication to Lindsay Zefting, HNTB Corporation, February 15, 2011.

Vaughn, Charlene, Advisory Council on Historic Preservation, “RE: Declined: FW: EPAC Meeting #1 

(Materials and Information),” Email communication to Lindsay Zefting, HNTB Corporation, 

February 15, 2011.

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-53
This page intentionally left blank. 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 2 

290 BROADWAY 

NEWYORK, NY 10007-1866 

OCT 14 2010 

Mr. David Chan 

High Speed Rail Project Manager 

New York State Department of Transportation 

50 WolfRoad 

Albany, NY 12232 

Re: High Speed Rail Empire Corridor Project Tier 1 EIS New York City to 

Buffalo/Niagara Falls- PIN S937.51.171 

Dear Mr. Chan: 

This is in response to your October 7, 2010 letter requesting that the Environmental Protection 

Agency (EPA) serve as a cooperating agency for the High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement. EPA is pleased to accept the New York State 

Department of Transportation's (NYSDOT) offer. As such, we will continue to participate in the 

scoping process, assist with the development of information and analyses concerning EPA areas 

of expertise, and contribute staff time as appropriate, all to the level practicable. IfNYSDOT 

has particular analyses or support in mind at this time, EPA would appreciate being made aware 

of those as soon as possible so we can make every effort to align our resources accordingly. 

We would like to remind you that our participation does not preclude our review under 

the National Environmental Policy Act and comment authority under Section 309 of the 

Clean Air Act. Lingard Knutson will remain the contact person for this project. Her 

phone number is (212) 637-3747. 

Sincerely yours, 

Grace Musumeci, Chief 

Environmental Review Section 

cc: T. Gibson, USDOT 

" http://www.epa.gov 

on Recycled Paper (Minimum 50% Postconsumar content) 

Page I-55
U.S. Department of 

Homeland Security ••r:Y.,;'i:\ 

United States 

Coast Guard 

Ms. Marie Corrado 

Director of Major Projects 

Commander 

First Coast Guard District 

New York State Department ofTransportation 

50 WolfRoad 

Albany, NY 12232 

Dear Ms. Corrado: 

One South Street 

Battery Park Building 

New York, NY 10004-1466 

Staff Symbol: dpb 

Phone: (212) 668-7165 

Fax: (212) 668-7967 

16591 

November 5, 20 I 0 

This responds to your letters of07 October 2010 concerning Project LD. No. S937.51.171, High 

Speed Rail Empire Corridor Project. 

The Coast Guard will agree to be a cooperating agency under the terms related in your Tier 1 

Environmental Impact Statement letter. We expect that all navigational and other concerns will 

be addressed under appropriate sections of the environmental impact statement. 

I had the pleasure of meeting with David Chan and Benjamin Martin from NYSDOT at the 

October 27, 2010 Public Meeting held in New York City. I discussed with them our interests in 

this project in regards to impacts to navigation due to construction of new bridges or 

modifications to existing bridges over navigable waters of the United States. As segments of this 

proposed project may full under Coast Guard regulatory jurisdiction, we must decline your 

invitation to be a member of the Empire Project Advisory Committee (EP AC). However, we 

remain available to provide navigational related infonnation as necessary. 

Chris Bisignano of this office has been assigned as project manager and may be contacted at 

(212) 668-7994 for specifics regarding Coast Guard Bridge permitting requirements. 

~~cerci~~ 

/Gar assot U 

Brid e Program Manager 

First Coast Guard District 

By direction of the District Commander 

Page I-56
1

Ben Fischer

From: Lindsay Zefting

Sent: Tuesday, February 22, 2011 4:20 PM

To: Ben Fischer

Subject: FW: High Speed Rail Empire Corridor - response needed

From: Alworth, Tom (ALB) [mailto:Tom.Alworth@oprhp.state.ny.us] 

Sent: Tuesday, February 15, 2011 12:41 PM 

To: Lindsay Zefting 

Cc: Lyons, Thomas (ALB); Croll, Christina (ALB) 

Subject: RE: High Speed Rail Empire Corridor - response needed 

Yes Lindsay – Please list us as a cooperating Agency... the Hi speed tracks will likely pass very near to several state 

parks. 

Tom Alworth Deputy Commissioner for Natural Resources NYS Office of Parks, Recreation and Historic Preservation

From: Lindsay Zefting [mailto:lzefting@HNTB.com] 

Sent: Tuesday, February 15, 2011 9:19 AM 

To: Alworth, Tom (ALB) 

Cc: Ben Fischer 

Subject: High Speed Rail Empire Corridor - response needed

Tom,  

We’re preparing for our second EPAC meeting and updating our contact lists. Can you confirm whether or not

NYSOPRHP will be involved in the EPAC and would like to be a cooperating agency?  

Thank you,

‐Lindsay  

Lindsay Zefting, EIT

Engineer I/Project Administrator

HNTB Corporation

1762 Central Avenue

Suite 301

Albany, New York 12205

Tel (518)218.5555

Fax(518)218.5556

www.hntb.com

This e-mail and any files transmitted with it are confidential 

and are intended solely for the use of the individual or entity 

to whom they are addressed. 

If you are NOT the intended recipient or the person responsible for 

Page I-57
2

delivering the e-mail to the intended recipient, 

be advised that you have received this e-mail in error and that any use, 

dissemination, forwarding, printing or copying this e-mail is strictly 

prohibited.

Page I-58
1

Ben Fischer

From: Charlene Vaughn [cvaughn@achp.gov]

Sent: Tuesday, February 15, 2011 9:22 AM

To: Lindsay Zefting

Cc: Reid Nelson; Ben Fischer; Louise Brodnitz

Subject: RE: Declined: FW: EPAC Meeting #1 (Materials & Information)

Lindsay,

I don’t think that there is a need for us to participate at this time. Thanks, and please keep us posted.

Charlene  

From: Lindsay Zefting [mailto:lzefting@HNTB.com] 

Sent: Tuesday, February 15, 2011 9:13 AM 

To: Charlene Vaughn 

Cc: Reid Nelson; Ben Fischer 

Subject: RE: Declined: FW: EPAC Meeting #1 (Materials & Information) 

Charlene,

We had sent ACHP an invitation for both the EPAC and to be a cooperating agency for the High Speed Rail Empire Corridor Project.

Your response to the EPAC invitation is below. We’re preparing for our second EPAC meeting and updating our lists.

Can you please confirm that ACHP does not wish to participate in the EPAC and whether or not ACHP will be a cooperating agency?

Thank you,

Lindsay

Lindsay Zefting, EIT

Engineer I/Project Administrator

HNTB Corporation

1762 Central Avenue

Suite 301

Albany, New York 12205

Tel (518)218.5555

Fax(518)218.5556

www.hntb.com

-----Original Appointment----- 

From: Charlene Vaughn [mailto:cvaughn@achp.gov] 

Sent: Friday, October 15, 2010 4:16 PM 

To: Lindsay Zefting 

Subject: Declined: FW: EPAC Meeting #1 (Materials & Information) 

When: Monday, October 18, 2010 1:00 PM-4:00 PM (GMT-05:00) Eastern Time (US & Canada). 

Where: Web Confrence & CDTC (1 Park Place, 12205)

No. We probably can’t commit the time or resources.

Page I-59
2

This e-mail and any files transmitted with it are confidential 

and are intended solely for the use of the individual or entity 

to whom they are addressed. 

If you are NOT the intended recipient or the person responsible for 

delivering the e-mail to the intended recipient, 

be advised that you have received this e-mail in error and that any use, 

dissemination, forwarding, printing or copying this e-mail is strictly 

prohibited.

Page I-60
Appendix I – Agency Correspondence Tier 1 Draft EIS 

2. Participating Agencies Correspondence

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-61
This page intentionally left blank. 
Appendix I – Agency Correspondence Tier 1 Draft EIS 

2.1 Participating Agency Invitation Letters

Index of Participating Agency Invitation Letters

Corrado, Marie, Director of Major Projects, State of New York Department of Transportation, “PIN 

S937.51.171, High Speed Rail Empire Corridor Project, Tier 1 Environmental Impact Statement, 

New York City to Buffalo/Niagara Falls,” Letter, October 7, 2010, to the following:

Mr. Joel Ettinger

New York Metropolitan Transportation Council (MTC)

199 Water Street, 22nd Floor

New York, NY 10038

Mr. Mark Debald

Poughkeepsie – Dutchess County Transportation Council (PDCTC)

27 High Street, 2nd Floor

Poughkeepsie, NY 12601

Mr. Dennis Doyle

Ulster County Transportation Council (UCTC)

244 Fair Street P.O. Box 1800

Kingston, NY 12402

Mr. John Czamanske

Orange County Transportation Council

124 Main Street

Goshen, NY 10924

Mr. Christopher O'Neill

Capital District Transportation Committee (CDTC)

One Park Place

Albany, NY 12205

Mr. Harry Miller

Herkimer-Oneida Counties Transportation Study

Boehlert Center at Union Station

321 Main Street

Utica, NY 13501

Mr. James D'Agostino

Syracuse Metropolitan Transportation Council

100 Clinton Square

126 N. Salina Street, Suite 100

Syracuse, NY 13202

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-63
Tier 1 Draft EIS Appendix I – Agency Correspondence

Mr. Richard Perrin

Genesee Transportation Council (GTC)

50 West Main Street

Suite 8112

Rochester, NY 14614

Mr. Hal Morse

Greater Buffalo – Niagara Regional Transportation Council (GBNRTC)

438 Main Street

Buffalo, NY 14202

Mr. Matthew Behnke

Federal Emergency Management Agency

FEMA Headquarters

500c Street SW, Suite 713

Washington DC 20472

Mr. Frank Kobliski

Central New York Regional Transportation Authority 

(CENTRO)

P.O. Box 820 

Syracuse, NY 13205-0820

Mr. William Wheeler

Metropolitan Transit Authority (MTA)

347 Madison Ave

New York, NY 10017

Mr. Lawrence Meckler

Niagara Frontier Transportation Authority (NFTA)

181 Ellicott Street

Buffalo, NY 14203

Mr. Mark Aesch

Rochester Genesee Regional Transportation Authority (RGRTA)

1372 East Main Street 

Rochester, NY 14609 

Corrado, Marie, Director of Major Projects, State of New York Department of Transportation, “PIN 

S937.51.171, High Speed Rail Empire Corridor Project, Tier 1 Environmental Impact Statement, 

New York City to Buffalo/Niagara Falls,” Letter, October 12, 2010, to the following:

Mr. Carm Basile, Executive Director

Capital District Transportation Authority 

110 Watervliet Avenue 

Albany, NY 12206 

Mr. Brian Sterman, Deputy Director for Long Range Planning 

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-64
Appendix I – Agency Correspondence Tier 1 Draft EIS 

Metro-North Railroad 

347 Madison Avenue 

New York, NY 10017 

Ms. Carmella Mantello, Director

New York State Canal Corporation 

200 Southern Boulevard, P.O. Box 189 

Albany, NY 12201-0189 

Mr. Kenneth Swanekamp, Director of Business Assistance

Erie County Department of Environment and Planning 

County Office of Economic Development 

Edward A. Rath County Office Building 

95 Franklin Street, 10th Floor

Buffalo, NY 14202 

Mr. Robert R. Kulikowski, Ph.D., Director 

New York City Mayor’s Office of Environmental Coordination 

253 Broadway, 14th Floor 

New York, NY 10007 

Mr. Paul V. Rush, Deputy Commissioner

New York City Department of Environmental Protection 

Bureau of Water Supply

P.O. Box 358 

Grahamsville, NY 12740 

Mr. Gary Heath, Director of Environmental Analysis 

New York City Department of Environmental Protection 

Bureau of Environmental Planning and Analysis 

59-17 Junction Boulevard, 4th Floor 

Flushing, NY 11373 

Mr. Ray Hodge 

New York City Department of Environmental Protection 

Bureau of Environmental Compliance 

Records Control 

59-17 Junction Boulevard, 9th Floor 

Corona, NY 11368 

Mr. Daniel Grulich, Interagency Coordinator 

New York City Department of Parks & Recreation

Olmsted Center, Room 24D 

Flushing Meadows-Corona Park 

Flushing, NY 11368 

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-65
This page intentionally left blank. 
October 7, 2010 

Mr. Joel Ettinger 

New York Metropolitan Transportation Council (MTC) 

199 Water Street, 22nd Floor 

New York, NY 10038 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-67
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-68
October 7, 2010 

Mr. Mark Debald 

Poughkeepsie – Dutchess County Transportation Council (PDCTC) 

27 High Street, 2nd Floor 

Poughkeepsie, NY 12601 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-69
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-70
October 7, 2010 

Mr. Dennis Doyle 

Ulster County Transportation Council (UCTC) 

244 Fair Street P.O. Box 1800 

Kingston, NY 12402 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-71
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-72
October 7, 2010 

Mr. John Czamanske 

Orange County Transportation Council 

124 Main Street 

Goshen, NY 10924 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-73
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-74
October 7, 2010 

Mr. Christopher O'Neill 

Capital District Transportation Committee (CDTC) 

One Park Place 

Albany, NY 12205 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-75
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-76
October 7, 2010 

Mr. Harry Miller 

Herkimer-Oneida Counties Transportation Study 

Boehlert Center at Union Station 

321 Main Street 

Utica, NY 13501 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

Page I-77
service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-78
October 7, 2010 

Mr. James D'Agostino 

Syracuse Metropolitan Transportation Council 

100 Clinton Square 

126 N. Salina Street, Suite 100 

Syracuse, NY 13202 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

Page I-79
service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-80
October 7, 2010 

Mr. Richard Perrin 

Genesee Transportation Council (GTC) 

50 West Main Street 

Suite 8112 

Rochester, NY 14614 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

Page I-81
service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-82
October 7, 2010 

Mr. Hal Morse 

Greater Buffalo – Niagara Regional Transportation Council (GBNRTC) 

438 Main Street 

Buffalo , NY 14202 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-83
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-84
October 7, 2010 

Mr. Matthew Behnke 

Federal Emergency Management Agency 

FEMA Headquarters 

500c Street SW, Suite 713 

Washington DC 20472 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

Page I-85
service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-86
October 7, 2010 

Mr. Frank Kobliski 

Central New York Regional Transportation Authority (CENTRO) 

P.O. Box 820 

Syracuse, NY 13205-0820 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

Page I-87
service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-88
October 7, 2010 

Mr. William Wheeler 

Metropolitan Transit Authority (MTA) 

347 Madison Ave 

New York, NY 10017 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

Page I-89
service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-90
October 7, 2010 

Mr. Lawrence Meckler 

Niagara Frontier Transportation Authority (NFTA) 

181 Ellicott Street 

Buffalo, NY 14203 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

Page I-91
service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-92
October 7, 2010 

Mr. Mark Aesch 

Rochester Genesee Regional Transportation Authority (RGRTA) 

1372 East Main Street 

Rochester, NY 14609 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

Page I-93
service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects 

Page I-94
October 12, 2010 

Mr. Carm Basile, Executive Director 

Capital District Transportation Authority 

110 Watervliet Avenue 

Albany, NY 12206 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-95
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-96
October 12, 2010 

Mr. Brian Sterman, Deputy Director for Long Range Planning 

Metro-North Railroad 

347 Madison Avenue 

New York, NY 10017 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-97
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-98
October 12, 2010 

Ms. Carmella Mantello, Director 

New York State Canal Corporation 

200 Southern Boulevard, P.O. Box 189 

Albany, NY 12201-0189 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-99
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-100
October 12, 2010 

Mr. Kenneth Swanekamp, Director of Business Assistance 

Erie County Department of Environment and Planning 

County Office of Economic Development 

Edward A. Rath County Office Building 

95 Franklin Street, 10th Floor 

Buffalo, NY 14202 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

Page I-101
speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-102
October 12, 2010 

Mr. Robert R. Kulikowski, Ph.D., Director 

New York City Mayor’s Office of Environmental Coordination 

253 Broadway, 14th Floor 

New York, NY 10007 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-103
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-104
October 12, 2010 

Mr. Paul V. Rush, Deputy Commissioner 

New York City Department of Environmental Protection 

Bureau of Water Supply 

P.O. Box 358 

Grahamsville, NY 12740 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

Page I-105
service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-106
October 12, 2010 

Mr. Gary Heath, Director of Environmental Analysis 

New York City Department of Environmental Protection 

Bureau of Environmental Planning and Analysis 

59-17 Junction Boulevard, 4th Floor 

Flushing, NY 11373 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

Page I-107
transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-108
October 12, 2010 

Mr. Ray Hodge 

New York City Department of Environmental Protection 

Bureau of Environmental Compliance 

Records Control 

59-17 Junction Boulevard, 9th Floor 

Corona, NY 11368 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

Page I-109
speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-110
October 12, 2010 

Mr. Daniel Grulich, Interagency Coordinator 

New York City Department of Parks & Recreation 

Olmsted Center, Room 24D 

Flushing Meadows-Corona Park 

Flushing, NY 11368 

Re: PIN S937.51.171, High Speed Rail Empire Corridor Project 

Tier 1 Environmental Impact Statement 

New York City to Buffalo/Niagara Falls 

Ladies and Gentlemen: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad 

Administration (FRA), is initiating development of a Tier 1 Service Level Environmental Impact 

Statement (EIS) of proposed improvements to intercity passenger rail service along the Empire Corridor 

between New York City, New York and Niagara Falls, New York. The 463-mile Empire Corridor begins 

at Moynihan/Pennsylvania (Penn) Station in New York City (New York County), proceeds north to 

Yonkers and Croton-Harmon (Westchester County), Poughkeepsie (Dutchess County) and AlbanyRensselaer (Albany County), then turns west to Schenectady (Schenectady County), Utica (Oneida 

County), Syracuse (Onondaga County), Rochester (Monroe County), Buffalo (Erie County), and 

terminates at Niagara Falls (Niagara County). 

Environmental Review Process: The Environmental Impact Statement (EIS) will be developed in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the environmental review 

provisions of Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA-LU), and the New York State Environmental Quality Review Act (SEQR). 

The FRA and the NYSDOT will use a tiered process, as provided for in 40 CFR 1508.28, in the 

completion of the environmental review of the project. “Tiering” is a staged environmental review 

process applied to environmental reviews for complex projects. The initial phase (“Tier 1 EIS”) of this 

process will address broad service-level issues and proposals. Subsequent phases or tiers will analyze, at 

a greater level of detail, narrower site-specific proposals based on the decisions made in Tier 1. 

Scope of Agency Involvement: Issues that will be analyzed at the service level in this Tier 1 EIS include 

ways to introduce travel speeds of at least 110 mph in places along the Empire Corridor where those 

speeds are not possible, and to improve the reliability, travel times and frequency of passenger train 

Page I-111
service in order to attract additional passengers and be more competitive with other intercity 

transportation modes. The project will establish specific goals for train frequency, trip time, and on-time 

performance and identify operational changes and investments in infrastructure and equipment necessary 

to achieve those goals. The EIS will address the project's potential effects on noise, air, water quality, and 

cultural and recreational resources, as well as other social, economic and environmental effects. A result 

of the Tier 1 EIS will be identification of further analysis required in Tier 2 NEPA document(s) for 

specific improvement projects. 

As part of the process for determining the scope of issues to be addressed in the Tier 1 Draft 

Environmental Impact Statement and for identifying the important issues related to the proposed action, 

we request your comments on the above issues and any other issues that you can identify as important. 

We intend to use your comments to: 

 Identify the range of alternatives and impacts and important issues to be addressed in the

Environmental Impact Statement.

 Identify and eliminate from detailed study the issues which are not important or which have been

covered by prior environmental review.

 Identify other environmental review and consultation requirements.

Since the project might impact resources your agency is involved with, we request your agency to be a 

participating agency. Pursuant to Section 6002 of SAFETEA-LU, participating agencies are responsible 

to identify, as early as practicable, any issues of concern regarding the project's potential impacts. 

We expect your agency's involvement to entail only those areas under its jurisdiction or expertise and no 

direct writing or analysis will be necessary for the document's preparation. The activities we will take to 

maximize interagency cooperation may include the following: 

1. Invite you to participate in scoping meetings and other meetings;

2. Consult with you on any relevant technical studies that will be required for the project;

3. Organize joint field reviews with you;

4. Provide you with project information, including study results;

5. Provide meaningful and timely input.

We look forward to your comments and response to this request and your role as a participating agency 

on this project. If you have any questions or would like to discuss in more detail the project or our 

agencies' respective roles and responsibilities during the preparation of this EIS, please contact David 

Chan or the Project team via empirecorridor@dot.state.ny.us. Please forward any initial comments and 

confirmation that you will be a participating agency to us by October 15, 2010. E-mail replies should be 

sent to David Chan at NYSDOT at empirecorridor@dot.state.ny.us. 

Sincerely, 

Marie Corrado 

Director of Major Projects

Page I-112
Appendix I – Agency Correspondence Tier 1 Draft EIS 

2.2 Participating Agency Responses

Index of Participating Agency Responses 

Thorne, Jennifer, Capital District Transportation Authority, “High Speed Rail Empire Corridor 

Project: Invitation & Newsletter #1,” Email communication to Lindsay Zefting, HNTB Corporation, 

October 15, 2010.

O’Neill, Christopher R., Capital District Transportation Committee, “High Speed Rail Empire 

Corridor Project,” Email communication to David Chan, New York State Department of 

Transportation, October 12, 2010.

Swanekamp, Kenneth, Erie County Department of Environment & Planning, “High Speed Rail 

Project,” Email communication to David Chan, New York State Department of Transportation, 

October 15, 2010.

Perrin, Richard, Genesee Transportation Council, “GTC as Participating Agency on Empire Corridor 

High-Speed Rail EIS,” Email communication to David Chan, New York State Department of

Transportation, October 15, 2010.

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-113
This page intentionally left blank. 
1

Lindsay Zefting

From: Jennifer Thorne [JenniferT@CDTA.org]

Sent: Friday, October 15, 2010 9:04 AM

To: Lindsay Zefting; Carm Basile

Cc: Kristina Younger

Subject: RE: High Speed Rail Empire Corridor Project: Invitation & Newsletter #1

Follow Up Flag: Follow up

Flag Status: Flagged

Hi Lindsay- Thank you for sending the invitation and newsletter. I will be attending the meeting on Monday, October 18th

to represent CDTA as a participating agency throughout the EIS process. We have been working closely with NYSDOT on 

this and CDTA’s Schenectady station project, and look forward to working on the advancement of high speed rail in the 

corridor. 

Thank you, 

Jennifer 

From: Lindsay Zefting [mailto:lzefting@HNTB.com] 

Sent: Thursday, October 14, 2010 4:37 PM 

To: Carm Basile; Jennifer Thorne 

Subject: High Speed Rail Empire Corridor Project: Invitation & Newsletter #1 

Please find attached two separate invitation letters: 1) to join the High Speed Rail Empire Corridor Project Advisory 

Committee, and 2) to become a participating agency. The first EPAC meeting will be held on October 18th, 2010 and we 

hope to see you there. 

To facilitate our first meeting on Monday, October 18th, attached is an advance copy of Newsletter 1. This four-page 

document provides you with an overview of the project, as well as the dates and locations of the upcoming Scoping 

Meetings. Six meetings will be held across New York State from October 19th to November 10th. 

We look forward to working together on this important project. 

Lindsay Zefting, EIT 

Engineer I/Project Administrator 

HNTB Corporation 

1762 Central Avenue 

Suite 301 

Albany, New York 12205 

Tel (518)218.5555 

Fax(518)218.5556 

www.hntb.com

This e-mail and any files transmitted with it are confidential 

and are intended solely for the use of the individual or entity 

to whom they are addressed. 

Page I-115
2

If you are NOT the intended recipient or the person responsible for 

delivering the e-mail to the intended recipient, 

be advised that you have received this e-mail in error and that any use, 

dissemination, forwarding, printing or copying this e-mail is strictly 

prohibited.

Page I-116
1

Lindsay Zefting

From: dot.sm.mo.empire.corridor [EmpireCorridor@dot.state.ny.us]

Sent: Wednesday, October 13, 2010 8:45 AM

To: Lindsay Zefting

Subject: FW: High Speed Rail Empire Corridor Project

From: Chris O'Neill [mailto:co'neill@cdtcmpo.org] 

Sent: Tuesday, October 12, 2010 3:14 PM 

To: dot.sm.mo.empire.corridor 

Subject: High Speed Rail Empire Corridor Project 

David,

CDTC would like to be a participating agency for the EIS for the High Speed Rail Empire Corridor 

Project. Thank you for inviting us.

Chris

Christopher R. O'Neill

Senior Transportation Planner II

Capital District Transportation Committee

One Park Place, Main Floor

Albany, New York 12205-2676

518-458-2161

CO'Neill@cdtcmpo.org 

Page I-117
1

Lindsay Zefting

From: dot.sm.mo.empire.corridor [EmpireCorridor@dot.state.ny.us]

Sent: Friday, October 15, 2010 1:22 PM

To: Lindsay Zefting

Subject: FW: High Speed Rail Project

Follow Up Flag: Follow up

Flag Status: Flagged

From: Swanekamp, Kenneth [mailto:Kenneth.Swanekamp@erie.gov] 

Sent: Friday, October 15, 2010 10:31 AM 

To: dot.sm.mo.empire.corridor 

Subject: High Speed Rail Project 

Mr. Chan,

I received the letter from Marie Corrado requesting participation. I would be glad to participate. I am in Erie County's Office

of Economic Development which is within the Department of Environment and Planning. We have tried to combine the 

various aspects of Planning, Community and Economic Development together. Transportation Planning has been a part 

of this effort. We also handle the two shortline rail lines that the County owns.

I plan on attending the Buffalo session on Tuesday October 19th. Our primary comment will be the same one we stated in 

the NYS Rail Plan which was prepared a short time ago, that is: dedicated passenger track, first and foremost. Everything 

else hinges on that.

I look forward to working with you and your group.

Ken Swanekamp

-- 

Kenneth Swanekamp | Director Of Business Assistance 

Erie County | Environment & Planning 

95 Franklin St., Room 1060 | Buffalo, NY 14202 

P:(716) 858-6170 | F:(716) 858-7248 

Kenneth.Swanekamp@erie.gov

Erie County's vision: Erie County will be a world-class community where People want to live, Businesses want to 

locate and Tourists want to visit.

Page I-118
1

Lindsay Zefting

From: dot.sm.mo.empire.corridor [EmpireCorridor@dot.state.ny.us]

Sent: Friday, October 15, 2010 1:22 PM

To: Lindsay Zefting

Subject: FW: GTC as Participating Agency on Empire Corridor High-Speed Rail EIS

Attachments: GTC Comments on the Empire Corridor HSR Tier 1 EIS (10292009).pdf

Follow Up Flag: Follow up

Flag Status: Flagged

From: Rich Perrin [mailto:RPerrin@gtcmpo.org] 

Sent: Friday, October 15, 2010 9:06 AM 

To: dot.sm.mo.empire.corridor 

Cc: Traver, Robert (DOT); jstack@gtcmpo.org

Subject: GTC as Participating Agency on Empire Corridor High-Speed Rail EIS 

Dear Mr. Chan: 

This e-mail serves as confirmation that the Genesee Transportation Council (GTC) would like to serve as a participating 

agency in the development of the Environmental Impact Statement (EIS) for the Empire Corridor high-speed passenger 

rail project. As a note, GTC informed the NYS Department of Transportation (NYSDOT) of our interest in serving as an 

“involved” agency for the development of the Tier 1 EIS on September 15, 2009 via an e-mail to then-project manager 

Ann Purdue. 

Attached are comments that GTC developed in October 2009 in response to the Federal Register notice of September 24, 

2009 requesting comments on the Tier 1 EIS. We feel that these topics are still relevant and do not have additional 

comments at this time. 

Please contact me at your convenience if you have any questions. I may be reached by telephone at (585) 232-6240 or 

via e-mail at rperrin@gtcmpo.org. 

Thank you for the opportunity to participate in this in important initiative. 

Sincerely, 

Rich 

Richard Perrin, AICP 

Executive Director 

Genesee Transportation Council 

50 W. Main St., Suite 8112 

Rochester, NY 14614-1227 

Phone: (585) 232-6240 

Fax: (585) 262-3106 

Web: http://www.gtcmpo.org

Page I-119
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Appendix I – Agency Correspondence Tier 1 Draft EIS 

3. Section 106 Correspondence

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-121
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Appendix I – Agency Correspondence Tier 1 Draft EIS 

Index of Section 106 Correspondence

Minutes of Meeting, Reference PIN S937.51.171, Tier 1 EIS Empire Corridor Rail System (ECRS); 

SHPO Meeting – April 12, 2011, NYSDOT Main Office, Albany, NY. June 16, 2011.

Valenstein, David, Chief, Environment & Systems Planning Division, Federal Railroad 

Administration, “Initiation of Government-to-Government Consultation with Native American 

Tribal Governments pursuant to Section 106 of the National Historic Preservation Act (35 CFR 

800.2(c)(2)(ii) for the High Speed Rail Empire Corridor Project; Tier 1 Environmental Impact 

Statement; New York City to Buffalo/Niagara Falls.” Letter, May 3, 2011, to the following:

Daniel Hill

Cayuga Nation

P.O. Box 116

Akron, NY 14001

Sherry White, THPO

Stockbridge-Munsee Community Bank of Mohican Indians

P.O. Box 70

N8754 MoHeConNuck Road

Bowler, WI 54416

Randy King, Chairperson

Shinnecock Nation

P.O. Box 5006

Southampton, NY 11969

Robert Dean

Seneca Nation of Indians

90 West Hetzel Street

Salamanca, NY 14779

Thane Joyal, Esq.

Onondaga Nation

716 East Washington Street, Suite 104

Syracuse, NY 13210

Chief LeRoy Howard

Seneca-Cayuga Tribe of Oklahoma

R2301 E. Steve Owens Boulevard

Miami, OK 74355

Anthony Gonyea 

Onondaga Nation

RR #1, Route 11A

Box 319B

Nedrow, NY 13120

Arnold Printup, Jr., THPO

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-123
Tier 1 Draft EIS Appendix I – Agency Correspondence

St. Regis Mohawk Tribe

412 State Route 37

Akwesasne, NY 13655

Jesse Bergevin

Oneida Indian Nation

1256 Union Street

P.O. Box 662

Oneida, NY 13421-0662

Brian Patterson

Oneida Indian Nation

221 Union Street

Oneida, NY 13421

Clint Halftown

Cayuga Nation

P.O. Box 11

Versailles, NY 14168

Timothy Twoguns

Cayuga Nation

P.O. Box 11

Versailles, NY 14168

Tamara Francis

NAGPRA Director

Delaware Nation of Oklahoma

P.O. Box 1825

Anadarko, OK 73005

Harry B. Wallace, Chief

Unkechaug Nation

207 Poospansk Lane

Mastic, NY 11950

Mohawk Nation Council of Chiefs

Via Box 336

Rooseveltown, NY 13683

Roger Hill, Chief

Tonawanda Band of Seneca Indians

7027 Meadville Road

Basom, NY 14013

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-124
Appendix I – Agency Correspondence Tier 1 Draft EIS 

Leo Henry, Chief

Tuscarora Indian Nation

2006 Mt. Hope Road

Lewistown, NY 14092

Valenstein, David, Chief, Environment & Systems Planning Division, Federal Railroad 

Administration, “Initiation of Government-to-Government Consultation with Native American 

Tribal Governments pursuant to Section 106 of the National Historic Preservation Act (35 CFR 

800.2(c)(2)(ii) for the High Speed Rail Empire Corridor Project; Tier 1 Environmental Impact 

Statement; New York City to Buffalo/Niagara Falls; and Invitation to NYSDOT-hosted Coordination 

Meeting.” Letter to Dr. Brice Obermeyer, Delaware Tribe Historic Preservation Office, May 4, 2012. 

Chan, David, Project Manager, High Speed Rail Empire Corridor Project, New York State 

Department of Transportation, “Coordination Meeting with Native American Tribal Governments for 

the High Speed Rail Empire Corridor Project; Tier 1 Environmental Impact Statement; New York City to 

Niagara Falls,” Letter, May 4, 2012, to the following:

Clint Halftown

Cayuga Nation

P.O. Box 11

Versailles, NY 14168

Tamara Francis, Cultural Preservation Director

Delaware Nation 

31064 State Highway 281

Anadarko, OK 73005

Sherry White, THPO

Stockbridge-Munsee Community Bank of Mohican Indians

W13447 Camp 14 Road

Bowler, WI 54416

Jesse Bergevin, Historical Researcher/Archaeologist

Oneida Indian Nation

1256 Union Street

P.O. Box 662

Oneida, NY 13421-0662

Tony Gonyea

Onondaga Nation Communications

716 East Washington Street, Suite 104

Syracuse, NY 13210

Chief Irv Powless, Jr.

Onondaga Nation

Box 319B

Via Nedrow, NY 13120

Arnold Printup, Jr.

Tribal Historic Preservation Officer

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-125
Tier 1 Draft EIS Appendix I – Agency Correspondence

Saint Regis Mohawk Tribe

412 State Route 37

Akwesasne, NY 13655

Chief Randy Hart

Saint Regis Mohawk Tribal Council

412 State Route 37

Akwesasne, NY 13655

Lana Watt, Tribal Historic Preservation Officer

Seneca Nation of Indians

90O:hi’yoh Way

Salamanca, NY 14779

Chief LeRoy Howard

Seneca-Cayuga Tribe of Oklahoma

R2301 E. Steve Owens Boulevard

Miami, Oklahoma 74355

Marguerite A. Smith, Attorney at Law

Office of Tribal Trustees/Legal

Shinnecock Indian Nation Tribal Office

P.O. Box 5006

Southampton, NY 11969

Randy King

Chairman, Board of Trustees

Shinnecock Indian Nation Tribal Office

P.O. Box 5006

Southampton, NY 11969

Chief Darwin Hill, Clerk

Tonawanda Seneca Nation Office

7027 Meadville Road

Basom, NY 14013

Chief Leo R. Henry

Tuscarora Nation

2006 Mt. Hope Road

Lewiston, NY 14092

Chief Stuart Patterson

Tuscarora Nation

1983 Upper Mountain Road

Sanborn, NY 14132

Meeting Minutes, High Speed Rail Empire Corridor Project, Tribal Nation Coordination Meeting, 

May 30, 2012; 10:00am. Monroe Community College, Campus Center - Room “Monroe B,” 1000 

East Henrietta Road, Rochester, New York.

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-126
Appendix I – Agency Correspondence Tier 1 Draft EIS 

Louise Dunford Brodnitz, Advisory Council on Historic Preservation, “Response to Programmatic

Agreement development invitation,” Email communication to Ruth L. Pierpont, Beth Cumming, 

Elizabeth Martin, Kenneth Markunas, Marie Sarchiapone, James Warren, Federal Railroad 

Administration, July 20, 2012. 

Meeting Minutes, High Speed Rail Empire Corridor Project, SHPO Coordination Meeting, July 31, 

2012; 1:30 pm. New York State Department of Transportation, Main Office, 50 Wolf Road, Albany, 

New York, 12232/teleconference. 

David Chan, Project Manager, High Speed Rail Empire Corridor Project, New York State Department 

of Transportation, “High Speed Rail Empire Corridor Project; Tier 1 Environmental Impact 

Statement (EIS); New York City to Buffalo/Niagara Falls - Opportunity for Comment on the 

Proposed Area of Potential Effect (APE), pursuant to Section 106 of the National Historic 

Preservation Act (36 CFR 800.2(c)(2)(ii)),” Letter, November 21, 2012, to the following:

Clint Halftown

Cayuga Nation

P.O. Box 11

Versailles, NY 14168

Tony Gonyea

Onondaga Nation Communications

716 East Washington Street, Suite 104

Syracuse, NY 13210

Chief Irv Powless, Jr.

Onondaga Nation

Box 319B

Via Nedrow, NY 13120

Arnold Printup, Jr.

Tribal Historic Preservation Officer

Saint Regis Mohawk Tribe

412 State Route 37

Akwesasne, NY 13655

Chief Randy Hart

Saint Regis Mohawk Tribal Council

412 State Route 37

Akwesasne, NY 13655

Jesse Bergevin, Historical Researcher/Archaeologist

Oneida Indian Nation

1256 Union Street

P.O. Box 662

Oneida, NY 13421-0662

Chief Leo R. Henry

Tuscarora Nation

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-127
Tier 1 Draft EIS Appendix I – Agency Correspondence

2006 Mt. Hope Road

Lewiston, NY 14092

Chief Stuart Patterson

Tuscarora Nation

1983 Upper Mountain Road

Sanborn, NY 14132

Marguerite A. Smith, Attorney at Law

Office of Tribal Trustees/Legal

Shinnecock Indian Nation Tribal Office

P.O. Box 5006

Southampton, NY 11969

Randy King

Chairman, Board of Trustees

Shinnecock Indian Nation Tribal Office

P.O. Box 5006

Southampton, NY 11969

Lana Watt, Tribal Historic Preservation Officer

Seneca Nation of Indians

90O:hi’yoh Way

Salamanca, NY 14779

Chief LeRoy Howard

Seneca-Cayuga Tribe of Oklahoma 

R2301 E. Steve Owens Boulevard

Miami, Oklahoma 74355

Chief Darwin Hill, Clerk

Tonawanda Seneca Nation Office

7027 Meadville Road

Basom, NY 14013

Sherry White, THPO

Stockbridge-Munsee Community Bank of Mohican Indians

W13447 Camp 14 Road

Bowler, WI 54416

Tamara Francis, Cultural Preservation Director

Delaware Nation 

31064 State Highway 281

Anadarko, OK 73005

Dr. Brice Obermeyer

Delaware Tribe Historic Preservation Office

1420 C of E Drive, Suite 190

Emporia. Kansas 66801

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-128
Appendix I – Agency Correspondence Tier 1 Draft EIS 

Ian A. Shavitz, Akin Gump Strauss Hauer & Feld LLP., “Comments of Oneida Indian Nation on 

Proposed APE for Empire Corridor Project,” Letter to David Chan and Colleen Vaughn, New York 

State Department of Transportation, December 14, 2012.

David Chan, Project Manager, High Speed Rail Empire Corridor Project, New York State Department 

of Transportation, “Response to comments of Oneida Indian Nation on proposed Area of Potential 

Effect pursuant to Section 106 of the National Historic Preservation Act for the High Speed Rail 

Empire Corridor Project; Tier 1 Environmental Impact Statement; New York City to Buffalo/Niagara 

Falls.” Letter, February 1, 2013, to Ian A. Shavitz, Akin Gump Strauss Hauer & Feld LLP.

Ian A. Shavitz, Akin Gump Strauss Hauer & Feld LLP., “Area of Potential Effect correspondence 

pursuant to Section 106 of the National Historic Preservation Act for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Buffalo/Niagara Falls.” 

Letter, February 11, 2013, to David Chan, Project Manager, High Speed Rail Empire Corridor 

Project, New York State Department of Transportation. 

David Valenstein, Chief, Environmental & Systems Planning Division, Federal Railroad 

Administration, “Response to comments of Oneida Indian Nation on proposed Area of Potential 

Effect pursuant to Section 106 of the National Historic Preservation Act for the High Speed Rail 

Empire Corridor Project; Tier 1 Environmental Impact Statement; New York City to Buffalo/Niagara 

Falls.” Letter, February 19, 2013, to Ian A. Shavitz, Akin Gump Strauss Hauer & Feld LLP.

David Chan, Project Manager, High Speed Rail Empire Corridor Project, New York State Department 

of Transportation, “Response following April 18, 2013 meeting with Oneida Nation pursuant to 

Section 106 of the National Historic Preservation Act for the High Speed Rail Empire Corridor 

Project; Tier 1 Environmental Impact Statement; New York City to Buffalo/Niagara Falls.” Letter, 

June 17, 2013, to Ian A. Shavitz, Akin Gump Strauss Hauer & Feld LLP.

David Chan, Project Manager, High Speed Rail Empire Corridor Project, New York State Department 

of Transportation, “Opportunity to participate as a consulting party pursuant to Section 106 of the 

National Historic Preservation Act for the High Speed Rail Empire Corridor Project; Tier 1 

Environmental Impact Statement; New York City to Buffalo/Niagara Falls.” Letter, February 14,

2013, to the following:

Mohawk Nation Council of Chiefs

Akwesasne Mohawk Territory

P.O. Box 336

Via Rooseveltown, NY 13683-0366

Chief Harry B. Wallace

Unkechaug Nation

207 Poospansk Lane

Mastic, NY 11950

Jay DiLorenzo, President

Preservation League of New York State

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-129
Tier 1 Draft EIS Appendix I – Agency Correspondence

44 Central Ave

Albany, NY 12206

Mark A. Castiglione, Acting Executive Director

Hudson River Valley Greenway

625 Broadway – 4th Floor

Albany, NY 12207

Frank Dean, Executive Director

Erie Canalway National Heritage Corridor

P.O. Box 219

Waterford, NY 12188

Tom Yots, Director

Preservation Buffalo Niagara

Suite M108, 617 Main Street

Buffalo, New York 14203

Wayne Goodman, Executive Director

Landmark Society of Western New York

133 South Fitzhugh Street

Rochester, New York 14608

Jeff Romano, President

Preservation Association of Central New York, Inc.

930 James Street

Syracuse, NY 13203

Tom Yots, Executive Director, Preservation Buffalo Niagara, “Expressing interest in participating as 

a Section 106 Consulting Party,” Letter to David Chan, Project Manager, High Speed Rail Empire 

Corridor Project, New York State Department of Transportation, February 18, 2013.

Daniel Mackay, Director of Public Policy, Preservation League of New York State, “Expressing 

interest in participating as a Section 106 Consulting Party,” Letter to David Chan, Project Manager, 

High Speed Rail Empire Corridor Project, New York State Department of Transportation, February 

21, 2013.

Beth Sciumeca, Executive Director, NPS/Erie Canalway National Heritage Corridor, “Expressing 

interest in participating as a Section 106 Consulting Party,” Letter to David Chan, Project Manager, 

High Speed Rail Empire Corridor Project, New York State Department of Transportation, February 

28, 2013.

David Chan, Project Manager, High Speed Rail Empire Corridor Project, New York State Department 

of Transportation, “Distribution of Archaeological Resource Maps to Native American Tribal 

Governments pursuant to Section 106 of the National Historic Preservation Act for the High Speed 

Rail Empire Corridor Project; Tier 1 Environmental Impact Statement; New York City to 

Buffalo/Niagara Falls.” Letter, April 8, 2013, to the following:

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-130
Appendix I – Agency Correspondence Tier 1 Draft EIS 

Clint Halftown

Cayuga Nation

P.O. Box 803

Seneca Falls, NY 13148

Tamara Francis

Cultural Preservation Director

Delaware Nation

31064 State Highway 281

Anadarko, OK 73005

Dr. Brice Obermeyer

Delaware Tribe Historic Preservation Office

1420 C of E Drive, Suite 190

Emporia, Kansas 66801

Jesse Bergevin

Oneida Indian Nation

1256 Union Street

P.O. Box 662

Oneida, New York 13421-0662

Tony Gonyea

Onondaga Nation Communications

716 East Washington Street

Suite 104

Syracuse, NY 13210

Chief LeRoy Howard

Seneca-Cayuga Tribe of Oklahoma

R2301 E. Steve Owens Boulevard

Miami, Oklahoma 74355

Melissa Bach

Tribal Historic Preservation Officer

Seneca Nation of Indians

90 O:hi’yoh Way

Salamanca, NY 14779

Randy King

Chairman, Board of Trustees

Shinnecock Indian Nation Tribal Office

P.O. Box 5006

Southampton, NY 11969

Arnold Printup, Jr.

St. Regis Mohawk Tribal Historic Preservation Officer

412 State Route 37

Akwesasne, NY 13655

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-131
Tier 1 Draft EIS Appendix I – Agency Correspondence

Sherry White

Tribal Historic Preservation Officer

Stockbridge-Munsee Community Band of Mohican Indians

W13447 Camp 14 Road

Bowler, WI 54416

Chief Darwin Hill, Clerk

Tonawanda Seneca Nation Office

7027 Meadville Road

Basom, New York 14013

Chief Leo R. Henry

Tuscarora Nation

2006 Mt. Hope Road

via Lewiston, NY 14092

David Chan, Project Manager, High Speed Rail Empire Corridor Project, New York State Department 

of Transportation, “Response request follow up to proposed Area of Potential Effect pursuant to 

Section 106 of the National Historic Preservation Act for the High Speed Rail Empire Corridor 

Project; Tier 1 Environmental Impact Statement; New York City to Buffalo/Niagara Falls.” Letter, 

April 8, 2013, to the following:

Ruth L. Pierpont

New York State Division for Historic Preservation

New York State Office of Parks, Recreation & Historic Preservation

Peebles Island State Park

P.O. Box 189

Waterford, NY 12188-0189

Nancy Herter, Historic Preservation Program Analyst, Archaeology, New York State Office of Parks, 

Recreation and Historic Preservation, “Concurrence with proposed phase process for identification 

and evaluation of historic properties,” Letter to David Chan, Project Manager, High Speed Rail 

Empire Corridor Project, New York State Department of Transportation, June 3, 2013.

David Chan, Project Manager, High Speed Rail Empire Corridor Project, New York State Department 

of Transportation, “Draft Programmatic Agreement for review pursuant to Section 106 of the 

National Historic Preservation Act for the High Speed Rail Empire Corridor Project; Tier 1 

Environmental Impact Statement; New York City to Buffalo/Niagara Falls.” Letter, April 12, 2013, to 

Ruth L. Pierpont, New York State Division for Historic Preservation, New York State Office of Parks, 

Recreation and Historic Preservation.

Nancy Herter, Historic Preservation Program Analyst, Archaeology, New York State Office of Parks, 

Recreation and Historic Preservation, “Comments on Programmatic Agreement,” Letter to David 

Chan, Project Manager, High Speed Rail Empire Corridor Project, New York State Department of 

Transportation, June 3, 2013.

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-132
Appendix I – Agency Correspondence Tier 1 Draft EIS 

David Chan, Project Manager, High Speed Rail Empire Corridor Project, New York State 

Department of Transportation, “Distribution of Draft Programmatic Agreement” Letter, July 26

and August 6, 2013, to the following: 

Clint Halftown

Cayuga Nation

P.O. Box 803

Seneca Falls, NY 13148

Tamara Francis

Cultural Preservation Director

Delaware Nation

31064 State Highway 281

Anadarko, OK 73005

Dr. Brice Obermeyer

Delaware Tribe Historic Preservation Office

1420 C of E Drive, Suite 190

Emporia, Kansas 66801

Sherry White

Tribal Historic Preservation Officer

Stockbridge-Munsee Community Band of Mohican Indians

W13447 Camp 14 Road

Bowler, WI 54416

Jesse Bergevin

Oneida Indian Nation

1256 Union Street

P.O. Box 662

Oneida, New York 13421-0662

Tony Gonyea

Onondaga Nation Communications

716 East Washington Street

Suite 104

Syracuse, NY 13210

Arnold Printup, Jr.

St. Regis Mohawk Tribal Historic Preservation Officer

412 State Route 37

Akwesasne, NY 13655

Chief William Fisher

Seneca-Cayuga Tribe of Oklahoma

23701 South 655 Road

Grove, OK 74344

Melissa Bach

Tribal Historic Preservation Officer

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-133
Tier 1 Draft EIS Appendix I – Agency Correspondence 

Seneca Nation of Indians

90 O:hi’yoh Way

Salamanca, NY 14779

Randy King

Chairman, Board of Trustees

Shinnecock Indian Nation Tribal Office

P.O. Box 5006

Southampton, NY 11969

Chief Darwin Hill, Clerk

Tonawanda Seneca Nation Office

7027 Meadville Road

Basom, New York 14013

Chief Leo R. Henry

Tuscarora Nation

2006 Mt. Hope Road

via Lewiston, NY 14092

David Chan, Project Manager, High Speed Rail Empire Corridor Project, New York State Department 

of Transportation, “Distribution of Draft Programmatic Agreement” Letter, July 26, 2013, to the 

following:

Daniel Mackay, Director of Public Policy

Preservation League of New York State

44 Central Ave

Albany, NY 12206

Beth Sciumeca, Executive Director

NPS/Erie Canalway National Heritage Corridor

P.O. Box 219

Waterford, NY 12188

Tom Yots, Executive Director

Preservation Buffalo Niagara

617 Main Street, Suite 201

Buffalo, New York 14203

High Speed Rail Empire Corridor Program 

New York State Department of Transportation

Page I-134
1

MINUTES OF MEETING 

TO: Distribution List

FROM: Joe Grilli

DATE: June 16, 2011

REFERENCE: PIN S937.51.171

Tier 1 EIS Empire Corridor Rail System (ECRS)

SUBJECT: SHPO Meeting – April 12, 2011

NYSDOT Main Office, Albany, NY

ATTENDANCE: Robert Englert, SHPO 

Nancy Herter, SHPO 

David Chan, NYSDOT 

Terry Smith, NYSDOT 

Mary Santangelo, NYSDOT 

Molly McDonald, AKRF 

Joe Grilli, HNTB 

AGENDA 

Brief overview of the Project 

7 projects for which NYS has received $151 million 

Tiered EIS process 

Overview of the Section 106 review for the 7 funded projects 

Overview of the cultural resources data (built environment & archaeology) being collected for the 

Tier 1 Environmental Review 

Schedule of the Tier 1 Environmental Review Process, as it pertains to cultural resources 

Next Steps following Tier 1 

DISCUSSION

1 Terry Smith began the meeting by stating that we are preparing a Tier 1 Service Level EIS 

to weigh the high level impacts and identify show stoppers. It is anticipated that the 

outcome will be a Section 106 Programmatic Agreement for subsequent Tier 2 evaluations.

2 David Chan presented a power point presentation that identifies the status of the following 

ARRA Projects with respect to Section 106:

-Albany – Schenectady Double Track Project – have Phase 1 –No Effect finding

-Ballston Spa Project – July ’09 No Adverse Effect finding from SHPO

-Rochester 3rd Track Project – Not started but there has been coordination with SHPO 

-2 Station Projects – ADA Compliance – No coordination needed

-Hudson Signal & Gates – No coordination required
PIN S937.51.171 

Meeting Minutes 

April 12, 2011 

2

3 David Chan presented a power point presentation outlining other New York State 

Passenger Rail Projects.

4 Molly McDonald noted that the Area of Potential Effect (APE) for historic properties is 600’; 

100’ for archaeology. Data Collection is 75% complete. Section 106 Initiation letter has not 

yet been sent. Ms. McDonald circulated a sample of a color-coded existing conditions map 

currently under preparation, which shows the location of previousy identified 

archaeological sites in the archaeological APE and vicinity (600’ of the track centerline), 

and architectural resources in the APE (National Historic Landmarks and National and 

State Register-listed and –eligible resources). 

6 Nancy Herter noted that in terms of archaeological resources, SHPO will be interested in 

the types of archaeological sites previously identified in the APE. Potential showstoppers 

are Native American village sites and cemeteries. 

7 Molly McDonald noted that the team is currently not looking up context of archaeological 

sites in SHPO files. We are planning on this in Tier 2 evaluations. Nancy Herter noted that 

it would important to do this now as some sites may be more significant than others, 

possibly limited to the direct APE or within 100 feet. Vibration may be a concern.

8 Bob Englert concurred that NR listed and eligible historic structures should be accounted 

for. For NR eligible districts – it is acceptable to define boundaries approximately, since 

boundaries can be difficult to define.

9 SHPO agrees that all tribes should be invited as consulting parties. Provide a project 

overview and ask the tribes to identify any areas of religious and cultural significance –

keep consultation record. Possibly meet if logistically feasible.

Nancy Herter noted that for the Oneida Indian Reservation – Feds and State do not agree on 

boundary of this reservation. The feds believe it is larger and the State believes it is smaller. 

Question was raised as to whether we pass through this Indian Reservation. Nancy Herter 

will help figure out this boundary.

10 The Programmatic Agreement will specify that the State Education Department’s standards 

and guidelines for Cultural Resources Studies will be utilized in preparing the Tier 2 

documentation. 

We believe these minutes accurately reflect at the content of this meeting. If these minutes are not in 

accordance with your understanding, please contact the undersigned promptly; otherwise, we will 

assume that you concur with the accuracy of the minutes. 

Minutes prepared by: Joe Grilli, HNTB, Tel: 617.532.2244, fax: 617.428.6905, e-mail: jgrilli@hntb.com

 Distribution: Attendees 

 HNTB File 50377 

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May 4, 2012 

Clint Halftown 

Cayuga Nation 

P.O. Box 803 

Seneca Falls, NY 13148 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Mr. Halftown: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Cayuga Nation in 

accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-175
Clint Halftown 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-176
May 4, 2012 

Tamara Francis 

Cultural Preservation Director 

Delaware Nation 

31064 State Highway 281 

Anadarko, OK 73005 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Ms. Francis: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Delaware Nation in 

accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-177
Tamara Francis, Cultural Preservation Director 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

J, Ross, I Smith (Delaware Nation) 

Page I-178
 

May 4, 2012 

Sherry White, Tribal Historic Preservation Officer 

Stockbridge-Munsee Community Band of Mohican Indians 

W13447 Camp 14 Road 

Bowler, WI 54416 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Ms. White: 

Thank you for responding to the Federal Railroad Administration’s (FRA) letter (enclosed) dated May 3, 

2011 in which they initiated government-to-government consultation with the Stockbridge-Munsee 

Community Band of Mohican Indians in accordance with Section 106 of the National Historic 

Preservation Act. We appreciate your interest in the High Speed Rail Empire Corridor Project. 

As described in the May 3rd letter, FRA and the New York State Department of Transportation 

(NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for proposed 

improvements to intercity passenger rail service along the 463-mile-long Empire Corridor between New 

York City and Niagara Falls, New York. The Tier 1 EIS will assess impacts and identify investment 

needs/costs from a service-level, corridor-wide perspective. Subsequent Tier 2 environmental documents 

will be prepared, as required, for individual projects proposed for sections of the corridor and will identify 

specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-179
Sherry White, THPO 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan NYSDOT Project Manager, 

High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-180
May 4, 2012 

Jesse Bergevin, Historical Researcher/Archaeologist 

Oneida Indian Nation 

1256 Union Street 

P.O. Box 662 

Oneida, NY 13421-0662 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Mr. Bergevin: 

Thank you for responding to the Federal Railroad Administration’s (FRA) letter (enclosed) dated May 3, 

2011 in which they initiated government-to-government consultation with the Oneida Indian Nation in 

accordance with Section 106 of the National Historic Preservation Act. We appreciate your interest in the 

High Speed Rail Empire Corridor Project. 

As described in the May 3rd letter, FRA and the New York State Department of Transportation 

(NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for proposed 

improvements to intercity passenger rail service along the 463-mile-long Empire Corridor between New 

York City and Niagara Falls, New York. The Tier 1 EIS will assess impacts and identify investment 

needs/costs from a service-level, corridor-wide perspective. Subsequent Tier 2 environmental documents 

will be prepared, as required, for individual projects proposed for sections of the corridor and will identify 

specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-181
Jesse Bergevin 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan NYSDOT Project Manager, 

High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

L. Misita, Oneida Nation 

Page I-182
May 4, 2012 

Tony Gonyea 

Onondaga Nation Communications 

716 East Washington Street, Suite 104 

Syracuse, NY 13210 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Mr. Gonyea: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Onondaga Nation in 

accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-183
Anthony Gonyea 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Thane Joyal, Esq., Onondaga nation 

Page I-184
 

May 4, 2012 

Chief Irv Powless, Jr. 

Onondaga Nation 

Box 319B 

Via Nedrow, NY 13120 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Chief Powless: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Onondaga Nation in 

accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

 

Page I-185
Chief Irv Powless, Jr. 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-186
May 4, 2012 

Arnold Printup, Jr. 

Tribal Historic Preservation Officer 

Saint Regis Mohawk Tribe 

412 State Route 37 

Akwesasne, NY 13655 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Mr. Printup: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Saint Regis Mohawk Tribe 

in accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-187
Arnold Printup, THPO 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-188
May 4, 2012 

Chief Randy Hart 

Saint Regis Mohawk Tribal Council 

412 State Route 37 

Akwesasne, NY 13655 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Mr. Hart: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Saint Regis Mohawk Tribe 

in accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-189
Chief Randy Hart 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-190
May 4, 2012 

Lana Watt, Tribal Historic Preservation Officer 

Seneca Nation of Indians 

90 O:hi’yoh Way 

Salamanca, NY 14779 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Ms. Watt: 

Thank you for responding to the Federal Railroad Administration’s (FRA) letter (enclosed) dated May 3, 

2011 in which they initiated government-to-government consultation with the Seneca Nation of Indians in 

accordance with Section 106 of the National Historic Preservation Act. We appreciate your interest in the 

High Speed Rail Empire Corridor Project. 

As described in the May 3rd letter, FRA and the New York State Department of Transportation 

(NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for proposed 

improvements to intercity passenger rail service along the 463-mile-long Empire Corridor between New 

York City and Niagara Falls, New York. The Tier 1 EIS will assess impacts and identify investment 

needs/costs from a service-level, corridor-wide perspective. Subsequent Tier 2 environmental documents 

will be prepared, as required, for individual projects proposed for sections of the corridor and will identify 

specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-191
Lana Watt, THPO 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan NYSDOT Project Manager, 

High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

G. Peter Jemison, Seneca Nation 

Page I-192
May 4, 2012 

Chief LeRoy Howard 

Seneca-Cayuga Tribe of Oklahoma 

R2301 E. Steve Owens Boulevard 

Miami, Oklahoma 74355 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Mr. Howard: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Seneca-Cayuga Tribe of 

Oklahoma in accordance with Section 106 of the National Historic Preservation Act, FRA and the New 

York State Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 

Environmental Impact Statement (EIS) for proposed improvements to intercity passenger rail service 

along the 463-mile-long Empire Corridor between New York City and Niagara Falls, New York. The Tier 

1 EIS will assess impacts and identify investment needs/costs from a service-level, corridor-wide 

perspective. Subsequent Tier 2 environmental documents will be prepared, as required, for individual 

projects proposed for sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-193
Chief LeRoy Howard 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-194
May 4, 2012 

Marguerite A. Smith, Attorney at Law 

Office of Tribal Trustees/Legal 

Shinnecock Indian Nation Tribal Office 

P.O. Box 5006 

Southampton, NY 11969 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Ms. Smith: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Shinnecock Indian Nation 

in accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-195
Marguerite A. Smith, Attorney at Law 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-196
May 4, 2012 

Randy King 

Chairman, Board of Trustees 

Shinnecock Indian Nation Tribal Office 

P.O. Box 5006 

Southampton, NY 11969 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Mr. King: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Shinnecock Indian Nation 

in accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-197
Randy King, Chairman 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-198
 

May 4, 2012 

Chief Darwin Hill, Clerk 

Tonawanda Seneca Nation Office 

7027 Meadville Road 

Basom, NY 14013 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Mr. Hill: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Tonawanda Seneca Nation 

in accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-199
Chief Darwin Hill, Clerk 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-200
May 4, 2012 

Chief Leo R. Henry 

Tuscarora Nation 

2006 Mt. Hope Road 

Lewiston, NY 14092 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Chief Henry: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Tuscarora Nation in 

accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-201
Chief Leo R. Henry 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-202
May 4, 2012 

Chief Stuart Patterson 

Tuscarora Nation 

1983 Upper Mountain Road 

Sanborn, NY 14132 

Re: Coordination Meeting with Native American Tribal Governments for the High Speed Rail Empire 

Corridor Project; Tier 1 Environmental Impact Statement; New York City to Niagara Falls 

Dear Mr. Patterson: 

As described in an earlier letter (enclosed) from the Federal Railroad Administration (FRA) dated May 3, 

2011 in which they initiated government-to-government consultation with the Tuscarora Nation in 

accordance with Section 106 of the National Historic Preservation Act, FRA and the New York State 

Department of Transportation (NYSDOT) have initiated the preparation of a Tier 1 Environmental Impact 

Statement (EIS) for proposed improvements to intercity passenger rail service along the 463-mile-long 

Empire Corridor between New York City and Niagara Falls, New York. The Tier 1 EIS will assess 

impacts and identify investment needs/costs from a service-level, corridor-wide perspective. Subsequent 

Tier 2 environmental documents will be prepared, as required, for individual projects proposed for 

sections of the corridor and will identify specific needs, impacts, costs, and benefits. 

Coordination Meeting 

You are invited to attend a meeting on May 30, 2012 at 10:00 a.m. The meeting will be held at: 

Monroe Community College 

“Monroe B” Room 

1000 East Henrietta Road 

Rochester, NY 14623 

The purpose of the meeting will be to brief you and other interested Native American tribal governments 

on the project status and process and to obtain your comments on the studies that are currently being 

undertaken in accordance with Section 106 of the National Historic Preservation Act. Through ongoing 

coordination, we will have the opportunity to incorporate into the cultural resources survey and planning 

process any concerns you may have for locations of traditional or cultural significance. 

Page I-203
Chief Stuart Patterson 2 May 4, 2012 

If you or your representative cannot attend this meeting in person, we will arrange for remote 

participation via WebEx/teleconference, or we would be happy to work with you to arrange an alternative 

meeting place and/or time, or to arrange a separate conference call. Instructions for accessing the 

WebEx/teleconference are enclosed with this letter. 

Please contact me at (518) 485-1918 or via email at dchan@dot.state.ny.us to confirm your attendance in 

person or via WebEx/teleconference on May 30, 2012 or if you would like to discuss the project. 

Alternatively, you may contact Colleen Vaughn of FRA at (202) 493-6096 or colleen.vaughn@dot.gov if 

you are interested in formal government-to-government consultation. 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. FRA 5/3/2011 Letter 

 WebEx/teleconference instructions 

cc: C. Vaughn, Federal Railroad Administration 

Page I-204
Meeting Minutes

Page | 1 

High Speed Rail Empire Corridor Project

Tribal Nation Coordination Meeting

May 30, 2012; 10:00am

Monroe Community College, Campus Center - Room “Monroe B”

1000 East Henrietta Road, Rochester, New York & via Webinar/teleconference

Attendance:

In-Person Attendees Webinar Attendees

Chief Leo R. Henry Tuscarora Nation Lana Watt Seneca Nation

Martin Rickard Tuscarora Nation Sherry White Mohican

Anthony Gonyea Onondaga Nation Colleen Vaughn FRA

Spencer Lyons Onondaga Nation Tim Bender NYSDOT

David Chan NYSDOT

Joe Grilli HNTB Teleconference Only Attendees

Peter Denitz HNTB Dr. Brice Obermeyer Delaware Tribe

Ben Fischer HNTB Jesse Bergevin Oneida Nation

Molly McDonald AKRF Josephine Smith Shinnecock Nation

IN ORDER OF PRESENTATION

• Welcome and Introductions

David Chan, NYSDOT Project Manager, welcomed participants to the meeting and

introduced Colleen Vaughn from FRA.

Colleen Vaughn, FRA, gave opening remarks and encouraged tribal nation participation

throughout the duration of the project. Colleen encouraged interested parties to

contact her directly or to request a meeting if additional consultation is desired.

• Project Overview

Joe Grilli, Project Team, provided an overview of the project and its goals and objectives

which include the need to:

1. Remove capacity constraints to improve on-time performance and increase

service frequency;

2. Increase train speeds to reduce travel time;

Page I-205
Meeting Minutes 

Page | 2 

3. Improve current infrastructure to increase service reliability. 

In addition, Joe Grilli provided an overview of the Alternatives Analysis and 

Screening process of the initial ten alternatives and reviewed the five alternatives 

identified for further evaluation, which are: the Base Alternative and Alternatives 

90A, 90B, 100, and 125. 

• National Environmental Policy Act (NEPA) Overview

Joe Grilli provided an overview of the National Environmental Policy Act (NEPA) as 

it relates to the project. It was reported that the Federal Railroad Administration 

(FRA) and the New York State Department of Transportation (NYSDOT) are 

conducting a tiered environmental review of the proposed High Speed Rail Empire 

Corridor Project, in compliance with NEPA. As such, the project team is preparing a 

Tier 1 Environmental Impact Statement (EIS). Participants were encouraged to visit 

the project website (www.dot.ny.gov/empire-corridor) for more information about 

the project. 

• Section 106 Review Process 

Molly McDonald, Project Team, provided an overview of the Section 106 review 

process as it relates to the tiered environmental review process. It was reported 

that the purpose of the Section 106 review process is to coordinate with Tribal 

Nations, New York State Historic Preservation Office (SHPO) and other consulting 

parties to determine the preliminary area of potential effects (APE), identify 

properties of cultural and/or historical significance within the APE, and assess the

potential for project effects on those resources. It was reported that the outcome of 

the Section 106 review process may be in the form of a Programmatic Agreement 

(PA) or a Memorandum of Agreement (MOA); as needed. 

• Next Steps

Peter Denitz, Project Team, presented an overview of the next steps as the project 

progresses and provided the contact information for Colleen Vaughn, FRA 

Environmental Protection Specialist and David Chan, NYSDOT Project Manager. 

Participants were encouraged to direct future questions and comments to Colleen 

Vaughn and/or David Chan.

• Discussion

The Project Team invited open dialogue and questions from the tribal nations 

pertaining to the project and the Section 106 review process. 

Questions:

Page I-206
Meeting Minutes

Page | 3 

How are APEs delineated and is the delineation coordinated with tribal nations?

RESPONSE: The APEs are currently being delineated and the Project Team welcomes input from 

tribal nations. A preliminary APE for potential direct effects was delineated to extend 

100 feet from the centerline of each project alternative to account for potential 

construction impacts. A preliminary APE for potential indirect effects was delineated to 

extend 600 feet from the centerline of each alternative (500 feet from the preliminary 

APE for direct effects) to account for potential visual, audible, and atmospheric effects 

resulting from the proposed project. The preliminary APEs have been shared with the 

State Historic Preservation Office. They are being used for initial existing conditions 

data collection purposes and are subject to change based on input from the SHPO, 

tribes, and any other applicable consulting or interested parties.

Colleen Vaughn made the recommendation that APEs should be shared with tribal 

nations for feedback during delineation. 

Will archeological sites be kept confidential and not made public?

RESPONSE: Yes, exact locations of archeological sites will not be shown on project 

documents released to the public. Only approximate locations of archaeological sites 

will be shown.

What sources are being used to identify known archeological sites?

RESPONSE: The two primary sources being used include SHPO and the New York State 

Museum. 

Will the APE for each of the five alternatives use the same buffer? 

The preliminary APEs all use a 600-foot buffer from the centerline of each alternative; 

however, this APE is preliminary and is subject to revision based on input from the 

tribes and the SHPO.

What is the project’s schedule?

RESPONSE: Portions of the DEIS are undergoing concurrent review by FRA and 

NYSDOT. The DEIS will be released in its entirety in the near future. 

Is development being encouraged along the Empire Corridor as part of the 

project?

Page I-207
Meeting Minutes 

Page | 4 

RESPONSE: The project’s main charge is to improve passenger rail service on the 

Empire Corridor. The Tier 1 EIS does not explicitly address or encourage economic 

development along the corridor.

In regards to the Programmatic Agreement, what is the difference between a 

Signatory and Consulting party? 

RESPONSE: The point was made that the Federally recognized tribes are given a special 

status in the Section 106 consultation beyond that of Consulting Parties. A list of 

potential Consulting and Interested parties is currently being generated. FRA and DOT 

will reach out to potential Consulting and Interested parties to invite their participation 

in the project. 

Are there existing land claims under dispute where ownership may change?

RESPONSE: A formal inquiry into that issue has not been made at this time, however, 

additional research can be conducted into the matter.

How will dispute resolution be handled?

RESPONSE: A protocol for dispute resolution protocol will be identified in the Draft 

Programmatic Agreement. Tribes will have the opportunity to have input into this 

protocol prior to the finalization of the Programmatic Agreement.

Would it be possible to have a Memorandum of Understanding (MOU) with the 

state agency instead of a Programmatic Agreement or Memorandum of 

Agreement?

RESPONSE: That could be considered.

Will maps be provided?

RESPONSE: Yes, what is the best method of transmission?

oThe tribal nations indicated a preference for paper copies of the maps. A brief 

discussion took place on the level of detail and scale of the maps.

Are land claims included on the maps of the corridor?

Page I-208
Meeting Minutes

Page | 5 

RESPONSE: Land claims have not been included on the maps.

Will the maps contain detailed information on burial sites?

RESPONSE: Information on burial sites was provided by SHPO and the NYS Museum. 

We will check with these entities to see if it is okay to release this information. 

Will the site data shown on the maps only be shared with tribal nations?

RESPONSE: The site data shown on the maps will only be shared with tribal nations.

oTribal nations requested to be notified of the number of paper copy maps produced.

• Discussion on restricted distribution of paper maps, to be labeled confidential and sent

to only federally recognized tribal nations.

Will there be any new stations for the Empire Corridor?

RESPONSE: All existing stations on the corridor will continue to be served; however, the 

125 MPH Alternative may require new stations to be built near some of the existing 

stations due to the new alignment.

• Closing Remarks

David Chan thanked meeting attendees for their participation. The contact 

information for Colleen Vaughn, FRA and David Chan, NYSDOT was read aloud and 

spelled out for the benefit of meeting participants that joined only the 

teleconference portion of the meeting. 

• Meeting adjourned at 11:30am.

Page I-209
From: Louise Brodnitz [mailto:lbrodnitz@achp.gov]

Sent: Friday, July 20, 2012 5:44 PM

To: Ruth L. Pierpont; Beth Cumming; Martin, Elizabeth (PEB); Kenneth Markunas; Marie Sarchiapone;

James Warren

Cc: Vaughn, Colleen (FRA)

Subject: Empire Corridor High Speed Rail Program: ACHP Invited to Participate

Hello all,

We received from the Federal Railroad Administration an invitation to participate in the

development of a Programmatic Agreement for the Empire Corridor High Speed Rail Program which 

will involve establishing procedures for: identification of cultural resources within the APE, 

evaluation, assessment of effects, and treatment of cultural resources potentially affected by the

proposed program.

It would not seem t be critical that ACHP be involved in development of this PA ( we would expect

FRA to notify us pursuant to Section 106 when and if subsequent agreement documents are to be

developed.)

However, please don’t hesitate to contact us if necessary during the development of this PA.

Best, 

Louise

Louise Dunford Brodnitz, AIA AICP

Program Analyst

Office of Federal Agency Programs

Advisory Council on Historic Preservation

1100 Pennsylvania Avenue NW

Washington, DC 20004-2501

202-606-8527

www.achp.gov

Page I-210
Meeting Minutes

Page | 1 

High Speed Rail Empire Corridor Project

SHPO Coordination Meeting

July 31, 2012; 1:30pm 

New York State Department of Transportation, Main Office

50 Wolf Road, Albany, New York, 12232/teleconference

 Attendance:

In-Person Attendees

David Chan NYSDOT

Mary Santangelo NYSDOT

Tim Bender NYSDOT

Robert Englert OPRHP/SHPO

Nancy Herter OPRHP/SHPO

Joe Grilli HNTB

Peter Denitz HNTB

Ben Fischer HNTB

Molly McDonald AKRF

Teleconference Attendees

Colleen Vaughn FRA

Michelle Fishburne FRA

IN ORDER OF PRESENTATION

• Welcome and Introductions

David Chan, NYSDOT Project Manager, welcomed participants to the meeting and

introduced Colleen Vaughn and Michelle Fishburne from FRA.

• Project Overview

Using a powerpoint presentation, Joe Grilli, Project Team, provided an update and

overview of the project and reviewed the alternatives selected for advancement in the

Tier 1 Programmatic Environmental Impact Statement (EIS). A total of 5 alternatives

Page I-211
Meeting Minutes 

Page | 2 

have been selected for advancement including the No Action Alternative and 4 Build 

Alternatives with the following Maximum Authorized Speeds: 90A, 90B, 110 and 125. 

• National Environmental Policy Act (NEPA) Overview

Joe Grilli provided an overview of the National Environmental Policy Act (NEPA) as 

it pertains to the High Speed Rail Empire Corridor project. It was reported that the 

Federal Railroad Administration (FRA) and the New York State Department of 

Transportation (NYSDOT) are preparing a Tier 1 Programmatic Environmental 

Impact Statement (EIS). 

• Section 106 Review Process 

Molly McDonald, Project Team, provided an overview of the Section 106 review 

process as it relates to the tiered environmental review process. It was reported 

that part of the Section 106 review process is to coordinate with Tribal Nations, 

New York State Historic Preservation Office (SHPO) and other consulting parties to 

determine and document the preliminary area of potential effects (APE) and to 

identify historic and cultural properties within the APE. The Section 106 review 

process for Tier 1 will result in a Programmatic Agreement (PA). Projects advanced 

in Tier 2 may result in a Memorandum of Agreement(s) (MOA) as needed to resolve 

any adverse effects. 

It was reported that a draft Programmatic Agreement is currently being drafted and 

will outline the process for the Tier 2 level of analysis. The PA follows an example 

for a Connecticut project provided to the project team by FRA. Joe Grilli reported 

that the draft Programmatic Agreement is substantially complete and will be 

submitted to NYSDOT for review and comment in the coming days. 

Robert Englert (SHPO) questioned how the corridor wide project will be divided up 

into Tier 2 projects. The division of projects, and associated geographic area, has 

not yet been determined. It was reported that the Programmatic Agreement should 

be drafted with input from SHPO to address a report format and timeframe for 

review. Colleen Vaughn reported that the Programmatic Agreements prepared for 

Tier 1 level High Speed Rail projects in California and Connecticut serve as good 

examples and offered to share the documents with the project team and SHPO. 

A discussion took place regarding how to handle the APE in the Programmatic 

Agreement. Decision reached to include flexibility for the APE in the Programmatic 

Agreement in an effort to allow for future refinement in Tier 2.

A list of consulting parties was circulated for discussion. It was reported that the list 

of consulting parties was created with the thought that additional parties would be 

Page I-212
Meeting Minutes

Page | 3 

identified in Tier 2, if needed. Robert Englert of SHPO suggested the addition of 

three preservation organizations to the list of consulting parties. The three 

organizations are: Preservation Buffalo-Niagara, Landmark Society of Western New 

York, and the Preservation Association of Central New York. SHPO also suggested 

that the project team check with the Preservation League of New York State to 

identify a regional preservation group that represents the Mohawk Valley area to 

achieve balance in geographical coverage. The revised list of consulting parties is to 

be sent to FRA for review.

A discussion took place regarding how to reach concurrence regarding the APE with 

both SHPO and the tribal nations. It was decided to send a letter that contains the 

APE maps, at the same scale as the maps produced at the request of the tribal 

nations, along with a description of the APE to both federally recognized tribal 

nations and SHPO at the same time for concurrence. FRA noted that APE letters to 

the tribal nations need to be sent on FRA letterhead. It was decided that later in the 

process, SHPO will receive additional maps showing the locations of architectural 

and archaeological resources. 

Discussion regarding procedure for distributing APE maps to tribal nations in a 

controlled, confidential distribution to address sensitive information contained on 

the maps. David Chan to follow up with representatives from the tribal nations to 

determine the appropriate recipient of the controlled distribution at each tribal 

nation. 

• Discussion and Next Steps

The project team is to finalize and circulate the draft Programmatic Agreement to 

begin its review process, APE map sets and the updated list of consulting parties for 

review and comment. 

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IAN A. SHAVITZ

202.887.4590/1.202.887.4288

ishavitz@akingump.com

Robert S. Strauss Building / 1333 New Hampshire Avenue, N.W. / Washington, D.C. 20036-1564 / 202.887.4000 / fax: 202.887.4288 / akingump.com

December 14, 2012 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

NYS Department of Transportation 

Policy & Planning Division

50 Wolf Rd., POD# 61 

Albany, NY 12232 

Colleen Vaughn

Office of Railroad Policy and Development 

Federal Railroad Administration

1200 New Jersey Avenue, SE., MS-20/W38-303 

Washington, DC 20590 

Re: Comments of Oneida Indian Nation on Proposed APE for Empire Corridor Project 

Dear Mr. Chan and Ms. Vaughn: 

I am writing on behalf of the Oneida Indian Nation (“Nation”) to provide comments to the NYS 

Department of Transportation (“NYSDOT”) and the Federal Railroad Administration (“FRA”)

on the proposed Area of Potential Effects (“APE”) for the High Speed Rail Empire Corridor 

Project (“Project”). As discussed below, the Nation has significant concerns about the impact 

that the Project could have on historic properties and resources of religious and cultural 

significance to the Nation, as well as the manner in which FRA and NYSDOT have selected the 

location for Alternative 125 (“Alt. 125”) and its corresponding proposed APE. 

The Oneida Indian Nation is a federally recognized Indian tribe in Central New York, located 

approximately 30 miles east of Syracuse. The APEs for each of the Project alternatives lie within 

the exterior boundary of the Oneida Indian Nation Reservation, as established by the Treaty of 

Canandaigua in 1794, and therefore are located on “tribal lands” as defined in 36 CFR § 

800.16(x). (See Attachment A: Bureau of Indian Affairs Reservation Map). The Nation

therefore has a significant interest in the Project because the Project could destroy resources of 

cultural and religious significance to the Nation. 

Given that each Project alternative bisects the Nation’s Reservation, it is imperative that FRA’s 

and NYSDOT’s environmental and historic resources reviews are complete and comprehensive 

and meet the demanding requirements of NEPA and Section 106 of the National Historic 

Page I-294
David Chan 

Colleen Vaughn

December 14, 2012 

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Robert S. Strauss Building / 1333 New Hampshire Avenue, N.W. / Washington, D.C. 20036-1564 / 202.887.4000 / fax: 202.887.4288 / akingump.com

Preservation Act. It is just as important that FRA fulfill its obligation to engage in meaningful 

government-to-government consultation with the Nation to ensure that the Project is planned and 

implemented in a manner that will avoid and/or minimize impacts to Nation cultural resources.

Potential Impacts to Nation Cultural Resources 

As stated, the Project has the potential to adversely affect – or worse, destroy – Nation cultural 

resources protected under the National Historic Preservation Act. Each of the proposed APEs are 

located in areas that are highly sensitive for Nation cultural resources based upon the presence of 

known archeological resources, and the setting, environment and patterns of past land use in the 

Project area. 

Based upon the maps provided by NYSDOT,1 it appears that the proposed Alt. 125 APE is the 

most problematic because Alt. 125 runs through an area that contains a significant number of 

known and reported Oneida cultural resources. These resources include, but are not limited to, 

the following: 

• Historic Oneida Village of Kanowalohale (Oneida Castle). Alt. 125 appears to cross

through the historic Oneida village of Kanowalohale, which was settled in the 1760’s,

and was a principle Oneida village where approximately 500 Oneidas lived.

• Fort at Kanowalohale. Alt. 125 appears to cross the reported location of the Fort at

Kanowalohale, which was a stockade fortification constructed in 1778 with assistance of

American Revolutionary War forces to protect the Village of Kanowalohale.

• Residence of Skenandoah (and other homesteads). Alt. 125 appears to cross the location

of the residence of Skenandoah (along with many other historic Oneida homesteads).

Skenandoah was an influential leader, wampum keeper and a chief warrior of the Oneidas

during the Revolutionary War.

• Skenandoah Stone. Alt. 125 appears to cross the location of the Skenandoah Stone,

which is a marker erected by the Daughters of the American Revolution in the 1920’s

1 The maps provided by NYSDOT lack the detail necessary for the Nation to fully assess the Project’s 

potential impacts on historic properties. Upon receiving more detailed maps, the Nation reserves the right to 

supplement these comments as the Section 106 process moves forward. 

Page I-295
David Chan 

Colleen Vaughn

December 14, 2012 

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Robert S. Strauss Building / 1333 New Hampshire Avenue, N.W. / Washington, D.C. 20036-1564 / 202.887.4000 / fax: 202.887.4288 / akingump.com

near the reputed location of the Skenandoah home to commemorate Skenandoah’s 

contributions during the Revolutionary War. 

• Oneida Burial Site. Alt. 125 appears to cross a reported Oneida site near Hecla (just 

outside of the Reservation boundary) where Oneida burials have been reported. 

Information concerning past land use and the environmental setting also indicate that the APEs 

for Alternatives 90 and 110 are located in an area of high archeological sensitivity. As such, 

these alternatives could similarly impact Nation cultural resources. For example, these 

alternatives have the potential to effect reported burials near Oriskany/Oriskany Battlefield 

Monument State Historic site, previously unrecorded historic resources in the Verona area, and 

previously unidentified historic resources along major drainages (including Oneida, Cowaselon, 

Canastota, Canaseraga and Chittenango Creeks). 

Selection of the Project Alternatives

It is troubling that at this early stage of the NEPA process, FRA and NYSDOT appear to have 

selected a specific alignment location for Alt. 125 without engaging in any meaningful 

consultation with the Nation or considering viable alternative locations that would avoid the 

potential destruction of cultural resources. 

As an initial matter, it is premature for FRA and NYSDOT to identify a specific alignment 

location for Alt. 125. FRA’s May 6, 2012 letter initiating Section 106 consultation states that the 

initial Tier 1 study would “assess impacts and identify investment needs/costs from a high-levelcorridor-wide perspective.” (emphasis added). Similarly, NYSDOT’s November 21, 2012 letter 

indicates that FRA and NYSDOT’s Tier 1 EIS will “address broad corridor-level issues and 

proposals.” (emphasis added). The proposed APE maps identify a specific alignment for Alt. 

125 and a very narrow corresponding APE, neither of which indicates a broad or high level 

corridor-wide study.

2

 Instead, at this Tier 1 stage, and to fulfill its NEPA obligation to identify 

and study a “range of reasonable alternatives,” FRA should be studying – and the proposed APE 

Maps should show – multiple broad corridors for Alt. 125 with corresponding corridor-wide 

APEs. 

 2 NYSDOT’s November 21, 2012 letter further states that following the Tier 1 EIS, “[s]ubsequent phases or 

tiers will analyze, at a greater level of detail, narrower site-specific proposals based on decisions made in Tier 1.” 

The Alt. 125 alignment and its corresponding proposed APE, represent the type of “narrower site specific proposal” 

that is appropriate for a Tier 2 EIS.

Page I-296
David Chan 

Colleen Vaughn

December 14, 2012 

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Robert S. Strauss Building / 1333 New Hampshire Avenue, N.W. / Washington, D.C. 20036-1564 / 202.887.4000 / fax: 202.887.4288 / akingump.com

Instead, without consulting with the Nation or considering impacts to cultural resources, FRA 

and NYSDOT have produced and seek comments on a single Alt. 125 alignment with a very 

narrow APE. Section 800.16(d) of the NHPA Section 106 regulations define the APE 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 any such properties exist.” (emphasis added). 

Identifying this overly-narrow APE for Alt. 125 indicates that this is the only area where impacts 

to historic properties may occur, and thus is the only Alt. 125 alignment that FRA and NYSDOT 

are currently considering. It is beyond doubt that there are a number of other potential Alt. 125 

location alternatives that will meet the Project’s purpose and need, and thus are reasonable and 

should be studied in detail in the EIS. As such, FRA has an obligation to identify and analyze 

these alternatives in its NEPA study, and the Project’s APE should be significantly broader to 

correspond to multiple location alternatives. 

If FRA and NYSDOT are considering only a single alignment for Alt. 125 – which the APE 

maps suggest is the case – FRA has failed to fulfill its obligations under Section 106. 

• First, because Alt. 125 is on “Tribal Lands” as defined in Section 106, FRA has an

obligation to consult with a designated representative of the tribe in the same manner as

FRA consults with the State Historic Preservation Officer. (36 CFR 800.2(c)(2)(i)(B)).

This has not occurred here.

• Second, FRA has an obligation to consult with the Nation before FRA rejects initial

alternatives. Pursuant to the Advisory Council on Historic Preservation’s Section 106

Archaeology Guidance (available online at www.achp.gov/archguide), federal agencies

should begin consultation early in the NEPA process, ‘“when the purpose of and the need

for the proposed action, as well as the widest possible range of alternatives, are under

consideration.’” (at p. 9, citing 36 CFR § 800.8(a)(1)). FRA has not consulted with the

Nation on alternatives generally, or on potential locations for Alt. 125 specifically, despite

the fact that the Nation informed FRA over a year and a half ago that portions of the

project may be located on the Nation’s Reservation.3

3 In a May 19, 2011 e-mail, Jesse Bergevin, the Nation’s Historic Resources Specialist, informed FRA and 

NYSDOT that “portions of the Project’s area of potential effect may be located within the Oneida Indian Nations’ 

Treaty of Canandaigua Reservation boundaries. . . . In addition, other portions are located within the Oneida 

aboriginal territory, which the Nation considers the lands of its ancestors and may attach religious and cultural 

significance to historic properties on these lands.”

Page I-297
David Chan 

Colleen Vaughn

December 14, 2012 

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Robert S. Strauss Building / 1333 New Hampshire Avenue, N.W. / Washington, D.C. 20036-1564 / 202.887.4000 / fax: 202.887.4288 / akingump.com

• Third, both Section 106 and Section 4(f) of the Department of Transportation Act require 

FRA to identify and analyze alternatives that will avoid historic properties. Section 

800.6(a) requires FRA to “consult with . . . Indian tribes . . . to develop and evaluate 

alternatives or modifications to the undertaking that could avoid, minimize or mitigate 

adverse effects on historic properties.” 36 CFR 800.6(a) (emphasis added). In addition, 

Section 4(f) prohibits FRA from funding the Project if there is a prudent and feasible 

alternative that avoids the use of a historic property. With one single alignment location 

for Alternative 125, the proposed APE Maps do not demonstrate or even indicate that 

FRA has seriously considered avoidance; to the contrary, these maps show a single 

Alternative 125 alignment that maximizes impacts to Nation historic properties. 

The Need for Meaningful Government-to-Government Consultation

Given the substantial threat to Nation cultural resources by Alt. 125, the Nation requests a faceto-face consultation meeting with FRA and NYSDOT prior to the issuance of the Tier 1 Draft 

EIS. Such consultation is necessary to assure the protection of some of the Nation’s most 

significant historic properties and cultural resources, and is mandated by Section 106 and its 

implementing regulations. See e.g., 36 CFR 800.2(c)(2)(ii)(A) (consultation is to “commence 

early in the planning process, in order to identify and discuss relevant preservation issues.”) 

Please feel free to call me with any questions regarding this letter and to schedule a governmentto-government consultation meeting. 

Sincerely,

Ian A. Shavitz

cc: Meghan Murphy Beakman

Pamela Starsia

Jesse Bergevin

Page I-298
Section 1

Purpose and Need for the Proposed Action 

Bureau of Indian Affairs 

Final EIS 

Oneida Nation of New York Conveyance of Lands Into Trust

1-5

Figure 1.1-3 

Oneida Reservation 

Page I-299
       

February 1, 2013

Mr. Ian A. Shavitz

Akin Gump Strauss Hauer & Feld LLP

1333 New Hampshire Avenue, N.W.

Washington, DC 20036‐1564

Dear Mr. Shavitz,

Thank you for your December 14, 2014 letter regarding comments to the New York State

Department of Transportation (NYSDOT) and the Federal Railroad Administration (FRA) on the

proposed Area of Potential Effect (APE) for the High Speed Rail Empire Corridor Project (Tier 1

EIS).   

The intended purpose of this Tier 1 EIS is to make broad‐corridor level decisions with regard to

parameters such as operating speed/travel times, service frequency, and infrastructure

requirements.  The alignment shown for Alternative 125 with a maximum authorized speed of

125 mph was developed at a very conceptual level and is by no means the final alignment for

this alternative.  The Alternative 125 alignment shown on the maps is an approximation of a

sample corridor intended to allow the project team to analyze the potential operating

characteristics, environmental impacts, and cost for this speed threshold.

The NYSDOT project team acknowledges that Oneida and Madison Counties are considered an

area of importance to the Oneida Indian Nation.  The APE shown on the maps are preliminary

and subject to modification pending Tribal Nation and New York State Historic Preservation

Office review.  At this point in time, the preferred alternative has not been selected.  If

Alternative 125 is selected as the preferred alternative at the conclusion of this Tier 1 EIS, then

several alternative alignments would be developed and evaluated.  Furthermore, additional

NEPA documentation (Tier 2) and Section 106 consultation would occur.  Please note that in

future Tier 2 work, APE’s could be modified to reflect advanced alignment and design studies of

the preferred alternative.  

Page I-300
The FRA and NYSDOT have been engaging in Section 106 consultation and coordination

including letters to Federally Recognized Tribal Nations to introduce the project and a meeting

on May 30, 2012 in Rochester, NY to provide a project briefing and to obtain comments on the

project.  Several tribes were able to attend this meeting either in‐person or remotely on the

phone/Internet (WebEx).  Meeting Minutes were provided on July 13, 2012 to the invited

Federally Recognized Tribal Nations including those that could not attend the meeting.  The FRA

and NYSDOT will continue this coordination and consultation in future development of the

project and in accordance with Section 106.  Please note that FRA will contact you to schedule a

face‐to‐face consultation meeting.

Please feel free to contact me if you would like to discuss this further.

Sincerely,

David Chan, Project Manager

High Speed Rail Empire Corridor Project

NYS Department of Transportation

Policy and Strategy Division

50 Wolf Road, POD# 61

Albany, NY 12232

david.chan@dot.ny.gov

(518) 485‐1918

cc: Colleen Vaughn, Federal Railroad Administration

Page I-301
IAN A. SHAVITZ

202.887.4590/1.202.887.4288

ishavitz@akingump.com

Robert S. Strauss Building / 1333 New Hampshire Avenue, N.W. / Washington, D.C. 20036-1564 / 202.887.4000 / fax: 202.887.4288 / akingump.com

February 11, 2013 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

NYS Department of Transportation 

Policy & Planning Division

50 Wolf Rd., POD# 61 

Albany, NY 12232 

Re: Section 106 Consultation with the Oneida Indian Nation on the Empire Corridor Project 

Dear Mr. Chan: 

Thank you for your February 1, 2013 response to the Oneida Indian Nation’s (“Nation”) 

comments on the High Speed Rail Empire Corridor Project (“Project”). Your letter indicated that 

the Federal Railroad Administration (“FRA”) would be contacting the Nation to schedule a faceto-face consultation meeting. The Nation requests that this meeting take place in the very near 

future. 

The Nation is vencouraged that the alignments and corresponding Areas of Potential Effect

(APE) shown on the maps circulated by NYS Department of Transportation (“NYSDOT”) are 

“at a very conceptual level” and represent only approximations of sample corridors. While the 

Nation recognizes that NYSDOT and FRA are at the early stages of the Project’s NEPA and 

Section 106 reviews, we feel that it is very important to make you aware of the significant 

cultural resources that are within the Project area to inform both your selection of a Tier I EIS 

preferred alternative and the corridors and alignments that you will identify for evaluation as 

your NEPA process progresses. 

We look forward to hearing back from FRA to schedule the consultation meeting. 

Sincerely,

Ian A. Shavitz

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David Chan 

February 11, 2013 

Page 2

Robert S. Strauss Building / 1333 New Hampshire Avenue, N.W. / Washington, D.C. 20036-1564 / 202.887.4000 / fax: 202.887.4288 / akingump.com

cc: Colleen Vaughn

Meghan Murphy Beakman

Pamela Starsia

Jesse Bergevin

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June 17, 2013

Mr. Ian A. Shavitz

Akin Gump Strauss Hauer & Feld LLP

1333 New Hampshire Avenue, N.W.

Washington, DC 20036‐1564

RE:   New York State Department of Transportation

High Speed Rail Empire Corridor Program

Dear Mr. Shavitz:

On behalf of the New York State Department of Transportation, I want to thank the

representatives of the Oneida Indian Nation for meeting with us and representatives of the

Federal Railroad Administration on April 18, 2013.  We feel that the meeting was productive in

furthering consultation for the High Speed Rail Empire Corridor Program.  The information

provided to us is very helpful in the development of this very important program, and we

respect the sensitivity of this information.

The analyses for the Empire Corridor are based on defining potential rail service improvements

for a long‐range program. The intended purpose of the Tier 1 Environmental Impact Statement

(EIS) is to make broad, corridor‐level decisions with regard to parameterssuch as operating

speed/travel times, service frequency, and infrastructure requirements for the 465‐mile

Empire Corridor.  The development of alternatives, alternatives analysis, and level of detail of

corridor mapping are therefore developed at preliminary levels that are appropriate for this

long corridor and broad Tier 1 analysis.   

Enclosed for your information is a sample of the types of maps that will be included in the Draft

EIS for the program.  These maps are at a small scale and illustrate a general location of a

potential new corridor for Alternative 125, with a maximum authorized speed of 125 mph.  The

location shown was developed at a very conceptual level and is by no means the final

Page I-306
alignment for this corridor. The Alternative 125 corridor shown on the Draft EIS maps is an

approximation of a sample corridor intended to allow the project team to analyze the potential

operating characteristics, environmental impacts, and cost for this speed threshold.  

Regardless of the alternative that is selected as the preferred alternative in this Tier 1 NEPA

process, but in particular for Alternative 125, detailed corridor location and individual project

analyses would be conducted to continue the avoidance and minimization of impacts during

development of the program and of the individual projects within the program.   

The DEIS is scheduled for distribution to the public late summer and a copy will be provided to

your office. Following the distribution of the DEIS, a public meeting will be held to obtain

comments from the public.  Project information from the DEIS, including mapping will be

provided at this meeting.  The FRA and NYSDOT would like to meet with you prior to the public

meeting to further clarify the status of the High Speed Rail Empire Corridor Program and discuss

any concerns the Oneida Nation has with Alternative 125. The FRA and NYSDOT look forward to

continued coordination and consultation in future development of the program and in

accordance with Section 106.   

Please feel free to contact me if you would like to discuss this further.

Sincerely,

David Chan, Project Manager

High Speed Rail Empire Corridor Project

NYS Department of Transportation

Policy and Strategy Division

50 Wolf Road, POD# 61

Albany, NY 12232

david.chan@dot.ny.gov

(518) 485‐1918

cc: Colleen Vaughn, Federal Railroad Administration

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Research Laboratory

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New York Canal System Historic District

Amsterdam East Main Street Historic District

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M o n t g o m e r y M o n t g o m e r y

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Glen

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Colonie

Florida

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Mayfield

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Duanesburg

Greenfield

Glenville

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Sharon

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Fairfield

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Providence

Charleston

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Clifton Park

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Charlton

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Ballston

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Rotterdam

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Manheim

Albany

Cherry Valley

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Schoharie

Middleburgh New Scotland

Amsterdam

German Flatts

Little Falls

Princetown

Richmondville

Worcester

Esperance

Saratoga Springs

Niskayuna

St Johnsville

Summit

Edinburg

Northampton

Schenectady

Milford Maryland

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Historic District

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Commercial Historic District

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Smithfield

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Bridgewater

New Hartford

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Geddes

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Columbia

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Granby

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Constantia

Hastings

Cuyler

Plainfield

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Edmeston

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PENNSYLVANIA

ONTARIO

(CANADA)

NEW YORK

6 5 4 3

1

2

KEY MAP

MAP 4

MAP 3

I 0 5 10 2.5

Miles

Tier 1 EIS

High Speed Rail Empire 

Corridor Program

Historic Resources Map

^_ National Historic Landmark

Architectural Resources

S/NR Listed District

S/NR Elligble District

S/NR Listed or Eligible

Individual Resource

Alt. 125 as shown is a potential corridor used 

to analyze the potential operating 

characteristics, environmental impacts and 

cost for this speed (125 mph) threshold.

*# Archaeological Resource

!( Burial / Cemetery

")

Native American

Habitation/Village/Hamlet

Existing Empire Corridor

Alternative 125 Corridor

DRAFT

Archaeological Resources
February 14, 2013

Mohawk Nation Council of Chiefs

Akwesasne Mohawk Territory

P.O. Box 336

Via Rooseveltown, NY  13683‐0366

Re: High Speed Rail Empire Corridor Project  

New York City to Niagara Falls

Section 106 Consultation

To Whom It May Concern:

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT)

have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for the High Speed Rail

Empire Corridor Project, in accordance with the National Environmental Policy Act of 1969 (NEPA), as

amended, and implemented by the Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500 to

1508).  The HSR Empire Corridor Project is also subject to review under Section 106 of the National Historic

Preservation Act (NHPA) of 1966, as amended.   

This project, both in its entirety and parts, represents the foundation of the statewide plan to upgrade and

update the state's existing rail infrastructure along the 463‐mile‐long Empire Corridor between New York City

and Niagara Falls, New York. The Project proposes improvements to intercity passenger rail service in New

York State through infrastructure investments and operational improvements that will enhance the

attractiveness of the service to existing and potential riders, increase the market share of intercity passenger

rail, and contribute to an overall balanced transportation network. Transecting New York State, the Empire

Corridor extends east of Buffalo on Lake Erie along the Erie Branch of the New York State Canal System,

passing through Rochester, Syracuse, and Utica to the Schenectady‐Albany‐Rensselaer area, where it extends

south along the Hudson River to Pennsylvania Station in New York City. The attached map illustrates the

overall location of the corridor.

The National Environmental Policy Act is the umbrella under which environmental review for this Project is

being conducted.  Under NEPA, agencies may use a tiered EIS approach to make planning decisions, moving

from analyzing broader planning perspectives in Tier 1 to examining narrower, specific actions in Tier 2.  For

this project, Tier 1 will address broad corridor‐level issues and proposals. Subsequent Tier 2 environmental

documents will be prepared for individual projects proposed for sections of the corridor and will identify

specific needs, impacts, costs, and benefits.  

Page I-309
Mohawk Nation Council of Chiefs 2 February 14, 2013

Consistent with the preparation of a Tier 1 EIS, the FRA and NYSDOT plan to address Section 106 obligations

through the development of a Programmatic Agreement, establishing procedures for the implementation of

Section 106 review for individual undertakings to be advanced at the Tier 2 level.

Under Section 106 of the NHPA, federal agencies are required to consider the effects of their projects on

historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to

comment prior to the agency’s decision on these projects.  Regulations issued by the ACHP spell out the

Section 106 review process, specifying actions federal agencies must take to meet their legal obligations.  

These obligations include consultation with the State Historic Preservation Officer (SHPO), officials

representing federally recognized Indian tribes, and other consulting parties with a demonstrated interest in

the project “due to the nature of their legal or economic relation to the undertaking or affected properties,

or the concern with the undertaking’s effect on historic properties.”  Participation as a consulting party is

subject to approval by the federal agency.   

If you wish to participate as a Consulting Party for the High Speed Rail Empire Corridor Project, please

complete the attached invitation form and return it by March 1, 2013.   If you are selected to participate as a

Consulting Party, you will receive additional project information and documents prepared in accordance with

the Section 106 review process.  We anticipate scheduling a meeting to address any questions and to provide

Consulting Parties an opportunity to articulate their views on the Empire Corridor Project and its potential

effects on historic properties.

For additional information on the Section 106 process, please see:  

Protecting Historic Properties: A Citizen’s Guide to Section 106 Review

Advisory Council on Historic Preservation

http://www.achp.gov/docs/CitizenGuide.pdf

Please return your forms by fax to (518) 457‐9658, by email to dchan@dot.ny.gov, or by mail to the address

indicated on the enclosed invitation reply form.  

Sincerely,

David Chan

NYSDOT Project Manager, High Speed Rail Empire Corridor Project

encl: Project Corridor Map

Invitation reply form

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Advisory Council on Historic Preservation

   

Page I-310
February 14, 2013

Chief Harry B. Wallace

Unkechaug Nation  

207 Poospansk Lane

Mastic, NY  11950

Phone:   (631) 281‐4143, ext 100

E‐Mail:   hwal1@aol.com

Re: High Speed Rail Empire Corridor Project  

New York City to Niagara Falls

Section 106 Consultation

Dear Chief Wallace:

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT)

have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for the High Speed Rail

Empire Corridor Project, in accordance with the National Environmental Policy Act of 1969 (NEPA), as

amended, and implemented by the Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500 to

1508).  The HSR Empire Corridor Project is also subject to review under Section 106 of the National Historic

Preservation Act (NHPA) of 1966, as amended.   

This project, both in its entirety and parts, represents the foundation of the statewide plan to upgrade and

update the state's existing rail infrastructure along the 463‐mile‐long Empire Corridor between New York City

and Niagara Falls, New York. The Project proposes improvements to intercity passenger rail service in New

York State through infrastructure investments and operational improvements that will enhance the

attractiveness of the service to existing and potential riders, increase the market share of intercity passenger

rail, and contribute to an overall balanced transportation network. Transecting New York State, the Empire

Corridor extends east of Buffalo on Lake Erie along the Erie Branch of the New York State Canal System,

passing through Rochester, Syracuse, and Utica to the Schenectady‐Albany‐Rensselaer area, where it extends

south along the Hudson River to Pennsylvania Station in New York City. The attached map illustrates the

overall location of the corridor.

The National Environmental Policy Act is the umbrella under which environmental review for this Project is

being conducted.  Under NEPA, agencies may use a tiered EIS approach to make planning decisions, moving

from analyzing broader planning perspectives in Tier 1 to examining narrower, specific actions in Tier 2.  For

this project, Tier 1 will address broad corridor‐level issues and proposals. Subsequent Tier 2 environmental

documents will be prepared for individual projects proposed for sections of the corridor and will identify

specific needs, impacts, costs, and benefits.  

Page I-311
Unkechaug Nation 2 February 14, 2013

Consistent with the preparation of a Tier 1 EIS, the FRA and NYSDOT plan to address Section 106 obligations

through the development of a Programmatic Agreement, establishing procedures for the implementation of

Section 106 review for individual undertakings to be advanced at the Tier 2 level.

Under Section 106 of the NHPA, federal agencies are required to consider the effects of their projects on

historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to

comment prior to the agency’s decision on these projects.  Regulations issued by the ACHP spell out the

Section 106 review process, specifying actions federal agencies must take to meet their legal obligations.  

These obligations include consultation with the State Historic Preservation Officer (SHPO), officials

representing federally recognized Indian tribes, and other consulting parties with a demonstrated interest in

the project “due to the nature of their legal or economic relation to the undertaking or affected properties,

or the concern with the undertaking’s effect on historic properties.”  Participation as a consulting party is

subject to approval by the federal agency.   

If you wish to participate as a Consulting Party for the High Speed Rail Empire Corridor Project, please

complete the attached invitation form and return it by March 1, 2013.   If you are selected to participate as a

Consulting Party, you will receive additional project information and documents prepared in accordance with

the Section 106 review process.  We anticipate scheduling a meeting to address any questions and to provide

Consulting Parties an opportunity to articulate their views on the Empire Corridor Project and its potential

effects on historic properties.

For additional information on the Section 106 process, please see:  

Protecting Historic Properties: A Citizen’s Guide to Section 106 Review

Advisory Council on Historic Preservation

http://www.achp.gov/docs/CitizenGuide.pdf

Please return your forms by fax to (518) 457‐9658, by email to dchan@dot.ny.gov, or by mail to the address

indicated on the enclosed invitation reply form.  

Sincerely,

David Chan

NYSDOT Project Manager, High Speed Rail Empire Corridor Project

encl: Project Corridor Map

Invitation reply form

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Advisory Council on Historic Preservation

   

Page I-312
February 14, 2013

Jay DiLorenzo, President

Preservation League of New York State

44 Central Ave

Albany, NY 12206

Re: High Speed Rail Empire Corridor Project  

New York City to Niagara Falls

Section 106 Consultation

Dear Mr. DiLorenzo:

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT)

have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for the High Speed Rail

Empire Corridor Project, in accordance with the National Environmental Policy Act of 1969 (NEPA), as

amended, and implemented by the Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500 to

1508).  The HSR Empire Corridor Project is also subject to review under Section 106 of the National Historic

Preservation Act (NHPA) of 1966, as amended.   

This project, both in its entirety and parts, represents the foundation of the statewide plan to upgrade and

update the state's existing rail infrastructure along the 463‐mile‐long Empire Corridor between New York City

and Niagara Falls, New York. The Project proposes improvements to intercity passenger rail service in New

York State through infrastructure investments and operational improvements that will enhance the

attractiveness of the service to existing and potential riders, increase the market share of intercity passenger

rail, and contribute to an overall balanced transportation network. Transecting New York State, the Empire

Corridor extends east of Buffalo on Lake Erie along the Erie Branch of the New York State Canal System,

passing through Rochester, Syracuse, and Utica to the Schenectady‐Albany‐Rensselaer area, where it extends

south along the Hudson River to Pennsylvania Station in New York City. The attached map illustrates the

overall location of the corridor.

The National Environmental Policy Act is the umbrella under which environmental review for this Project is

being conducted.  Under NEPA, agencies may use a tiered EIS approach to make planning decisions, moving

from analyzing broader planning perspectives in Tier 1 to examining narrower, specific actions in Tier 2.  For

this project, Tier 1 will address broad corridor‐level issues and proposals. Subsequent Tier 2 environmental

documents will be prepared for individual projects proposed for sections of the corridor and will identify

specific needs, impacts, costs, and benefits.  

Page I-313
Preservation League of New York State 2 February 14, 2013

Consistent with the preparation of a Tier 1 EIS, the FRA and NYSDOT plan to address Section 106 obligations

through the development of a Programmatic Agreement, establishing procedures for the implementation of

Section 106 review for individual undertakings to be advanced at the Tier 2 level.

Under Section 106 of the NHPA, federal agencies are required to consider the effects of their projects on

historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to

comment prior to the agency’s decision on these projects.  Regulations issued by the ACHP spell out the

Section 106 review process, specifying actions federal agencies must take to meet their legal obligations.  

These obligations include consultation with the State Historic Preservation Officer (SHPO), officials

representing federally recognized Indian tribes, and other consulting parties with a demonstrated interest in

the project “due to the nature of their legal or economic relation to the undertaking or affected properties,

or the concern with the undertaking’s effect on historic properties.”  Participation as a consulting party is

subject to approval by the federal agency.   

If you wish to participate as a Consulting Party for the High Speed Rail Empire Corridor Project, please

complete the attached invitation form and return it by March 1, 2013.   If you are selected to participate as a

Consulting Party, you will receive additional project information and documents prepared in accordance with

the Section 106 review process.  We anticipate scheduling a meeting to address any questions and to provide

Consulting Parties an opportunity to articulate their views on the Empire Corridor Project and its potential

effects on historic properties.

For additional information on the Section 106 process, please see:  

Protecting Historic Properties: A Citizen’s Guide to Section 106 Review

Advisory Council on Historic Preservation

http://www.achp.gov/docs/CitizenGuide.pdf

Please return your forms by fax to (518) 457‐9658, by email to dchan@dot.ny.gov, or by mail to the address

indicated on the enclosed invitation reply form.  

Sincerely,

David Chan

NYSDOT Project Manager, High Speed Rail Empire Corridor Project

encl: Project Corridor Map

Invitation reply form

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Advisory Council on Historic Preservation

   

Page I-314
February 14, 2013

Mark A. Castiglione, Acting Executive Director

Hudson River Valley Greenway

625 Broadway ‐ 4th Floor

Albany, NY 12207  

(518) 473‐3835  

Re: High Speed Rail Empire Corridor Project  

New York City to Niagara Falls

Section 106 Consultation

Dear Mr. Castiglione:

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT)

have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for the High Speed Rail

Empire Corridor Project, in accordance with the National Environmental Policy Act of 1969 (NEPA), as

amended, and implemented by the Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500 to

1508).  The HSR Empire Corridor Project is also subject to review under Section 106 of the National Historic

Preservation Act (NHPA) of 1966, as amended.   

This project, both in its entirety and parts, represents the foundation of the statewide plan to upgrade and

update the state's existing rail infrastructure along the 463‐mile‐long Empire Corridor between New York City

and Niagara Falls, New York. The Project proposes improvements to intercity passenger rail service in New

York State through infrastructure investments and operational improvements that will enhance the

attractiveness of the service to existing and potential riders, increase the market share of intercity passenger

rail, and contribute to an overall balanced transportation network. Transecting New York State, the Empire

Corridor extends east of Buffalo on Lake Erie along the Erie Branch of the New York State Canal System,

passing through Rochester, Syracuse, and Utica to the Schenectady‐Albany‐Rensselaer area, where it extends

south along the Hudson River to Pennsylvania Station in New York City. The attached map illustrates the

overall location of the corridor.

The National Environmental Policy Act is the umbrella under which environmental review for this Project is

being conducted.  Under NEPA, agencies may use a tiered EIS approach to make planning decisions, moving

from analyzing broader planning perspectives in Tier 1 to examining narrower, specific actions in Tier 2.  For

this project, Tier 1 will address broad corridor‐level issues and proposals. Subsequent Tier 2 environmental

documents will be prepared for individual projects proposed for sections of the corridor and will identify

specific needs, impacts, costs, and benefits.  

Page I-315
Hudson River Valley Greenway 2 February 14, 2013

Consistent with the preparation of a Tier 1 EIS, the FRA and NYSDOT plan to address Section 106 obligations

through the development of a Programmatic Agreement, establishing procedures for the implementation of

Section 106 review for individual undertakings to be advanced at the Tier 2 level.

Under Section 106 of the NHPA, federal agencies are required to consider the effects of their projects on

historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to

comment prior to the agency’s decision on these projects.  Regulations issued by the ACHP spell out the

Section 106 review process, specifying actions federal agencies must take to meet their legal obligations.  

These obligations include consultation with the State Historic Preservation Officer (SHPO), officials

representing federally recognized Indian tribes, and other consulting parties with a demonstrated interest in

the project “due to the nature of their legal or economic relation to the undertaking or affected properties,

or the concern with the undertaking’s effect on historic properties.”  Participation as a consulting party is

subject to approval by the federal agency.   

If you wish to participate as a Consulting Party for the High Speed Rail Empire Corridor Project, please

complete the attached invitation form and return it by March 1, 2013.   If you are selected to participate as a

Consulting Party, you will receive additional project information and documents prepared in accordance with

the Section 106 review process.  We anticipate scheduling a meeting to address any questions and to provide

Consulting Parties an opportunity to articulate their views on the Empire Corridor Project and its potential

effects on historic properties.

For additional information on the Section 106 process, please see:  

Protecting Historic Properties: A Citizen’s Guide to Section 106 Review

Advisory Council on Historic Preservation

http://www.achp.gov/docs/CitizenGuide.pdf

Please return your forms by fax to (518) 457‐9658, by email to dchan@dot.ny.gov, or by mail to the address

indicated on the enclosed invitation reply form.  

Sincerely,

David Chan

NYSDOT Project Manager, High Speed Rail Empire Corridor Project

encl: Project Corridor Map

Invitation reply form

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Advisory Council on Historic Preservation

   

Page I-316
February 14, 2013

Frank Dean, Executive Director

Erie Canalway National Heritage Corridor

P.O. Box 219

Waterford, NY 12188

E‐mail: Erie_Canal@nps.gov

Commission Chairman: Eric Mower Tel.: (518) 237‐7000

Re: High Speed Rail Empire Corridor Project  

New York City to Niagara Falls

Section 106 Consultation

Dear Mr. Dean:

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT)

have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for the High Speed Rail

Empire Corridor Project, in accordance with the National Environmental Policy Act of 1969 (NEPA), as

amended, and implemented by the Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500 to

1508).  The HSR Empire Corridor Project is also subject to review under Section 106 of the National Historic

Preservation Act (NHPA) of 1966, as amended.   

This project, both in its entirety and parts, represents the foundation of the statewide plan to upgrade and

update the state's existing rail infrastructure along the 463‐mile‐long Empire Corridor between New York City

and Niagara Falls, New York. The Project proposes improvements to intercity passenger rail service in New

York State through infrastructure investments and operational improvements that will enhance the

attractiveness of the service to existing and potential riders, increase the market share of intercity passenger

rail, and contribute to an overall balanced transportation network. Transecting New York State, the Empire

Corridor extends east of Buffalo on Lake Erie along the Erie Branch of the New York State Canal System,

passing through Rochester, Syracuse, and Utica to the Schenectady‐Albany‐Rensselaer area, where it extends

south along the Hudson River to Pennsylvania Station in New York City. The attached map illustrates the

overall location of the corridor.

The National Environmental Policy Act is the umbrella under which environmental review for this Project is

being conducted.  Under NEPA, agencies may use a tiered EIS approach to make planning decisions, moving

from analyzing broader planning perspectives in Tier 1 to examining narrower, specific actions in Tier 2.  For

this project, Tier 1 will address broad corridor‐level issues and proposals. Subsequent Tier 2 environmental

Page I-317
Erie Canalway National Heritage Corridor 2 February 14, 2013

documents will be prepared for individual projects proposed for sections of the corridor and will identify

specific needs, impacts, costs, and benefits.  

Consistent with the preparation of a Tier 1 EIS, the FRA and NYSDOT plan to address Section 106 obligations

through the development of a Programmatic Agreement, establishing procedures for the implementation of

Section 106 review for individual undertakings to be advanced at the Tier 2 level.

Under Section 106 of the NHPA, federal agencies are required to consider the effects of their projects on

historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to

comment prior to the agency’s decision on these projects.  Regulations issued by the ACHP spell out the

Section 106 review process, specifying actions federal agencies must take to meet their legal obligations.  

These obligations include consultation with the State Historic Preservation Officer (SHPO), officials

representing federally recognized Indian tribes, and other consulting parties with a demonstrated interest in

the project “due to the nature of their legal or economic relation to the undertaking or affected properties,

or the concern with the undertaking’s effect on historic properties.”  Participation as a consulting party is

subject to approval by the federal agency.   

If you wish to participate as a Consulting Party for the High Speed Rail Empire Corridor Project, please

complete the attached invitation form and return it by March 1, 2013.   If you are selected to participate as a

Consulting Party, you will receive additional project information and documents prepared in accordance with

the Section 106 review process.  We anticipate scheduling a meeting to address any questions and to provide

Consulting Parties an opportunity to articulate their views on the Empire Corridor Project and its potential

effects on historic properties.

For additional information on the Section 106 process, please see:  

Protecting Historic Properties: A Citizen’s Guide to Section 106 Review

Advisory Council on Historic Preservation

http://www.achp.gov/docs/CitizenGuide.pdf

Please return your forms by fax to (518) 457‐9658, by email to dchan@dot.ny.gov, or by mail to the address

indicated on the enclosed invitation reply form.  

Sincerely,

David Chan

NYSDOT Project Manager, High Speed Rail Empire Corridor Project

encl: Project Corridor Map

Invitation reply form

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Advisory Council on Historic Preservation

   

Page I-318
February 14, 2013

Tom Yots, Director

Preservation Buffalo Niagara

Suite M108, 617 Main Street

Buffalo, New York 14203

Email: director@p‐b‐n.org

Phone: 716.852.3300

Re: High Speed Rail Empire Corridor Project  

New York City to Niagara Falls

Section 106 Consultation

Dear Mr. Yots:

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT)

have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for the High Speed Rail

Empire Corridor Project, in accordance with the National Environmental Policy Act of 1969 (NEPA), as

amended, and implemented by the Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500 to

1508).  The HSR Empire Corridor Project is also subject to review under Section 106 of the National Historic

Preservation Act (NHPA) of 1966, as amended.   

This project, both in its entirety and parts, represents the foundation of the statewide plan to upgrade and

update the state's existing rail infrastructure along the 463‐mile‐long Empire Corridor between New York City

and Niagara Falls, New York. The Project proposes improvements to intercity passenger rail service in New

York State through infrastructure investments and operational improvements that will enhance the

attractiveness of the service to existing and potential riders, increase the market share of intercity passenger

rail, and contribute to an overall balanced transportation network. Transecting New York State, the Empire

Corridor extends east of Buffalo on Lake Erie along the Erie Branch of the New York State Canal System,

passing through Rochester, Syracuse, and Utica to the Schenectady‐Albany‐Rensselaer area, where it extends

south along the Hudson River to Pennsylvania Station in New York City. The attached map illustrates the

overall location of the corridor.

The National Environmental Policy Act is the umbrella under which environmental review for this Project is

being conducted.  Under NEPA, agencies may use a tiered EIS approach to make planning decisions, moving

from analyzing broader planning perspectives in Tier 1 to examining narrower, specific actions in Tier 2.  For

this project, Tier 1 will address broad corridor‐level issues and proposals. Subsequent Tier 2 environmental

Page I-319
Preservation Buffalo Niagara 2 February 14, 2013

documents will be prepared for individual projects proposed for sections of the corridor and will identify

specific needs, impacts, costs, and benefits.  

Consistent with the preparation of a Tier 1 EIS, the FRA and NYSDOT plan to address Section 106 obligations

through the development of a Programmatic Agreement, establishing procedures for the implementation of

Section 106 review for individual undertakings to be advanced at the Tier 2 level.

Under Section 106 of the NHPA, federal agencies are required to consider the effects of their projects on

historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to

comment prior to the agency’s decision on these projects.  Regulations issued by the ACHP spell out the

Section 106 review process, specifying actions federal agencies must take to meet their legal obligations.  

These obligations include consultation with the State Historic Preservation Officer (SHPO), officials

representing federally recognized Indian tribes, and other consulting parties with a demonstrated interest in

the project “due to the nature of their legal or economic relation to the undertaking or affected properties,

or the concern with the undertaking’s effect on historic properties.”  Participation as a consulting party is

subject to approval by the federal agency.   

If you wish to participate as a Consulting Party for the High Speed Rail Empire Corridor Project, please

complete the attached invitation form and return it by March 1, 2013.   If you are selected to participate as a

Consulting Party, you will receive additional project information and documents prepared in accordance with

the Section 106 review process.  We anticipate scheduling a meeting to address any questions and to provide

Consulting Parties an opportunity to articulate their views on the Empire Corridor Project and its potential

effects on historic properties.

For additional information on the Section 106 process, please see:  

Protecting Historic Properties: A Citizen’s Guide to Section 106 Review

Advisory Council on Historic Preservation

http://www.achp.gov/docs/CitizenGuide.pdf

Please return your forms by fax to (518) 457‐9658, by email to dchan@dot.ny.gov, or by mail to the address

indicated on the enclosed invitation reply form.  

Sincerely,

David Chan

NYSDOT Project Manager, High Speed Rail Empire Corridor Project

encl: Project Corridor Map

Invitation reply form

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Advisory Council on Historic Preservation

   

Page I-320
February 14, 2013

Wayne Goodman, Executive Director

Landmark Society of Western New York

133 South Fitzhugh Street

Rochester, New York 14608

Email:  wgoodman@landmarksociety.org

Phone: 585.546.7029, ext. 22

Re: High Speed Rail Empire Corridor Project  

New York City to Niagara Falls

Section 106 Consultation

Dear Mr. Goodman:

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT)

have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for the High Speed Rail

Empire Corridor Project, in accordance with the National Environmental Policy Act of 1969 (NEPA), as

amended, and implemented by the Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500 to

1508).  The HSR Empire Corridor Project is also subject to review under Section 106 of the National Historic

Preservation Act (NHPA) of 1966, as amended.   

This project, both in its entirety and parts, represents the foundation of the statewide plan to upgrade and

update the state's existing rail infrastructure along the 463‐mile‐long Empire Corridor between New York City

and Niagara Falls, New York. The Project proposes improvements to intercity passenger rail service in New

York State through infrastructure investments and operational improvements that will enhance the

attractiveness of the service to existing and potential riders, increase the market share of intercity passenger

rail, and contribute to an overall balanced transportation network. Transecting New York State, the Empire

Corridor extends east of Buffalo on Lake Erie along the Erie Branch of the New York State Canal System,

passing through Rochester, Syracuse, and Utica to the Schenectady‐Albany‐Rensselaer area, where it extends

south along the Hudson River to Pennsylvania Station in New York City. The attached map illustrates the

overall location of the corridor.

The National Environmental Policy Act is the umbrella under which environmental review for this Project is

being conducted.  Under NEPA, agencies may use a tiered EIS approach to make planning decisions, moving

from analyzing broader planning perspectives in Tier 1 to examining narrower, specific actions in Tier 2.  For

this project, Tier 1 will address broad corridor‐level issues and proposals. Subsequent Tier 2 environmental

documents will be prepared for individual projects proposed for sections of the corridor and will identify

specific needs, impacts, costs, and benefits.  

Page I-321
Landmark Society of Western New York 2 February 14, 2013

Consistent with the preparation of a Tier 1 EIS, the FRA and NYSDOT plan to address Section 106 obligations

through the development of a Programmatic Agreement, establishing procedures for the implementation of

Section 106 review for individual undertakings to be advanced at the Tier 2 level.

Under Section 106 of the NHPA, federal agencies are required to consider the effects of their projects on

historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to

comment prior to the agency’s decision on these projects.  Regulations issued by the ACHP spell out the

Section 106 review process, specifying actions federal agencies must take to meet their legal obligations.  

These obligations include consultation with the State Historic Preservation Officer (SHPO), officials

representing federally recognized Indian tribes, and other consulting parties with a demonstrated interest in

the project “due to the nature of their legal or economic relation to the undertaking or affected properties,

or the concern with the undertaking’s effect on historic properties.”  Participation as a consulting party is

subject to approval by the federal agency.   

If you wish to participate as a Consulting Party for the High Speed Rail Empire Corridor Project, please

complete the attached invitation form and return it by March 1, 2013.   If you are selected to participate as a

Consulting Party, you will receive additional project information and documents prepared in accordance with

the Section 106 review process.  We anticipate scheduling a meeting to address any questions and to provide

Consulting Parties an opportunity to articulate their views on the Empire Corridor Project and its potential

effects on historic properties.

For additional information on the Section 106 process, please see:  

Protecting Historic Properties: A Citizen’s Guide to Section 106 Review

Advisory Council on Historic Preservation

http://www.achp.gov/docs/CitizenGuide.pdf

Please return your forms by fax to (518) 457‐9658, by email to dchan@dot.ny.gov, or by mail to the address

indicated on the enclosed invitation reply form.  

Sincerely,

David Chan

NYSDOT Project Manager, High Speed Rail Empire Corridor Project

encl: Project Corridor Map

Invitation reply form

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Advisory Council on Historic Preservation

   

Page I-322
February 14, 2013

Jeff Romano, President

Preservation Association of Central New York, Inc.

930 James Street

Syracuse, NY 13203

Phone: 315.214.6439

Email: email@pacny.net

Re: High Speed Rail Empire Corridor Project  

New York City to Niagara Falls

Section 106 Consultation

Dear Mr. Romano:

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT)

have initiated the preparation of a Tier 1 Environmental Impact Statement (EIS) for the High Speed Rail

Empire Corridor Project, in accordance with the National Environmental Policy Act of 1969 (NEPA), as

amended, and implemented by the Council on Environmental Quality (CEQ) regulations (40 CFR Parts 1500 to

1508).  The HSR Empire Corridor Project is also subject to review under Section 106 of the National Historic

Preservation Act (NHPA) of 1966, as amended.   

This project, both in its entirety and parts, represents the foundation of the statewide plan to upgrade and

update the state's existing rail infrastructure along the 463‐mile‐long Empire Corridor between New York City

and Niagara Falls, New York. The Project proposes improvements to intercity passenger rail service in New

York State through infrastructure investments and operational improvements that will enhance the

attractiveness of the service to existing and potential riders, increase the market share of intercity passenger

rail, and contribute to an overall balanced transportation network. Transecting New York State, the Empire

Corridor extends east of Buffalo on Lake Erie along the Erie Branch of the New York State Canal System,

passing through Rochester, Syracuse, and Utica to the Schenectady‐Albany‐Rensselaer area, where it extends

south along the Hudson River to Pennsylvania Station in New York City. The attached map illustrates the

overall location of the corridor.

The National Environmental Policy Act is the umbrella under which environmental review for this Project is

being conducted.  Under NEPA, agencies may use a tiered EIS approach to make planning decisions, moving

from analyzing broader planning perspectives in Tier 1 to examining narrower, specific actions in Tier 2.  For

this project, Tier 1 will address broad corridor‐level issues and proposals. Subsequent Tier 2 environmental

Page I-323
Preservation Association of Central New York, Inc. 2 February 14, 2013

documents will be prepared for individual projects proposed for sections of the corridor and will identify

specific needs, impacts, costs, and benefits.  

Consistent with the preparation of a Tier 1 EIS, the FRA and NYSDOT plan to address Section 106 obligations

through the development of a Programmatic Agreement, establishing procedures for the implementation of

Section 106 review for individual undertakings to be advanced at the Tier 2 level.

Under Section 106 of the NHPA, federal agencies are required to consider the effects of their projects on

historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to

comment prior to the agency’s decision on these projects.  Regulations issued by the ACHP spell out the

Section 106 review process, specifying actions federal agencies must take to meet their legal obligations.  

These obligations include consultation with the State Historic Preservation Officer (SHPO), officials

representing federally recognized Indian tribes, and other consulting parties with a demonstrated interest in

the project “due to the nature of their legal or economic relation to the undertaking or affected properties,

or the concern with the undertaking’s effect on historic properties.”  Participation as a consulting party is

subject to approval by the federal agency.   

If you wish to participate as a Consulting Party for the High Speed Rail Empire Corridor Project, please

complete the attached invitation form and return it by March 1, 2013.   If you are selected to participate as a

Consulting Party, you will receive additional project information and documents prepared in accordance with

the Section 106 review process.  We anticipate scheduling a meeting to address any questions and to provide

Consulting Parties an opportunity to articulate their views on the Empire Corridor Project and its potential

effects on historic properties.

For additional information on the Section 106 process, please see:  

Protecting Historic Properties: A Citizen’s Guide to Section 106 Review

Advisory Council on Historic Preservation

http://www.achp.gov/docs/CitizenGuide.pdf

Please return your forms by fax to (518) 457‐9658, by email to dchan@dot.ny.gov, or by mail to the address

indicated on the enclosed invitation reply form.  

Sincerely,

David Chan

NYSDOT Project Manager, High Speed Rail Empire Corridor Project

encl: Project Corridor Map

Invitation reply form

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Advisory Council on Historic Preservation

   

Page I-324
	 Project	Locatio			 Project Location Ma

																

p 

			 	Empire	Corridor

Page I-325
I am interested in participating as a Section 106 Consulting Party for the High Speed Rail Empire

Corridor Project:

   

Name (Print)    Name (Signature)

   

Title    Organization / Agency

   

Email    Date

   

Mailing Address    Phone

Please state your interest in this project in the space provided below:

Please mail, fax, or email your forms by March 1, 2013, to:

Mail:

David Chan, Project Manager

High Speed Rail Empire Corridor Project

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61

Albany, NY 12232

Email:

David.Chan@dot.ny.gov

Fax:

(518) 457‐9658

Page I-326
Page I-327
Page I-328
3DJH,
April 8, 2013 

Clint Halftown

Cayuga Nation

P.O. Box 803 

Seneca Falls, NY 13148 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Mr. Halftown: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

Page I-330
Mr. Halftown/Cayuga Nation 2 April 8, 2013 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Page I-331
April 8, 2013 

Tamara Francis,

Cultural Preservation Director

Delaware Nation

31064 State Highway 281 

Anadarko, OK 73005

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Ms. Francis: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

Page I-332
Ms. Francis/Delaware Nation 2 April 8, 2013 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

 Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

 J. Ross, I. Smith (Delaware Nation); w/o encl. 

Page I-333
April 8, 2013 

Dr. Brice Obermeyer

Delaware Tribe Historic Preservation Office

1420 C of E Drive, Suite 190 

Emporia, Kansas 66801 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Dr. Obermeyer: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

Page I-334
Dr. Obermeyer/Delaware Tribe 2 April 8, 2013 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation 

Page I-335
April 8, 2013 

Jesse Bergevin

Oneida Indian Nation 

1256 Union Street 

P.O. Box 662 

Oneida, New York 13421-0662 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Mr. Bergevin: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

Page I-336
Mr. Bergevin/Oneida Nation 2 April 8, 2013 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

L. Misita (Oneida Nation); w/o encl.

Page I-337
April 8, 2013 

Tony Gonyea 

Onondaga Nation Communications 

716 East Washington Street 

Suite 104 

Syracuse, NY 13210 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Mr. Gonyea: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

Page I-338
Mr. Gonyea/Onondaga Nation 2 April 8, 2013 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

 Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Chief I. Powless, Jr., T. Joyal, Esq. (Onondaga Nation); w/o encl. 

Page I-339
April 8, 2013 

Chief LeRoy Howard 

Seneca-Cayuga Tribe of Oklahoma 

R2301 E. Steve Owens Boulevard 

Miami, Oklahoma 74355 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Chief Howard: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

Page I-340
Chief Howard/Seneca-Cayuga Tribe of OK 2 April 8, 2013 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Page I-341
April 8, 2013 

Melissa Bach

Tribal Historic Preservation Officer 

Seneca Nation of Indians 

90 O:hi’yoh Way 

Salamanca, NY 14779 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Ms. Bach: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

Page I-342
Ms. Bach/Seneca Nation of Indians 2 April 8, 2013 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

G. Peter Jemison (Seneca Nation); w/o encl.

Page I-343
April 8, 2013 

Randy King 

Chairman, Board of Trustees 

Shinnecock Indian Nation Tribal Office 

P.O. Box 5006 

Southampton, NY 11969 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Mr. King: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

Page I-344
Mr. King/Shinnecock Indian Nation 2 April 8, 2013 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

 Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

 M. Smith, Esq. (Shinnecock Indian Nation); w/o encl.

Page I-345
April 8, 2013 

Arnold Printup, Jr.

St. Regis Mohawk Tribal Historic Preservation Officer 

412 State Route 37 

Akwesasne, NY 13655 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Mr. Printup: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

Page I-346
Mr. Printup/St. Regis Mohawk Tribe 2 April 8, 2013 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Chief R. Hart (St. Regis Mohawk Tribe); w/o encl.

Page I-347
April 8, 2013 

Sherry White

Tribal Historic Preservation Officer 

Stockbridge-Munsee Community Band of Mohican Indians 

W13447 Camp 14 Road 

Bowler, WI 54416

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Ms. White: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

Page I-348
Ms. White/THPO 2 April 8, 2013 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

 Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Page I-349
April 8, 2013 

Chief Darwin Hill, Clerk

Tonawanda Seneca Nation Office

7027 Meadville Road 

Basom, New York 14013 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Chief Hill: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

Page I-350
Chief Hill/Tonawanda Seneca Nation 2 April 8, 2013 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Page I-351
April 8, 2013 

Chief Leo R. Henry 

Tuscarora Nation 

2006 Mt. Hope Road 

via Lewiston, NY 14092 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls

Section 106 Consultation 

Dear Chief Henry: 

As indicated in NYSDOT’s November 21, 2012 letter to you, and as requested by several tribal 

representatives at the May 30, 2012 coordination meeting, we enclose herewith a series of maps of the 

project’s alternatives corridors illustrating the approximate locations of previously identified 

archaeological sites on file with the New York State Museum (NYSM) and New York State Historic 

Preservation Office (SHPO) within the preliminary areas of potential effect (APEs) for each alternative. 

It should be noted that the intended purpose of this Tier 1 EIS is to make broad-corridor level decisions 

with regard to parameters such as operating speed/travel times, service frequency, and infrastructure 

requirements. The purpose of the Tier 1 EIS does not include studying alternative alignments to achieve 

the 125 miles per hour speed, nor does it include selecting a specific alignment. All alternatives except 

Alternative 125 would follow the existing Empire Corridor alignment along both the Empire Corridor 

South and Empire Corridor West. To achieve the higher speed of Alternative 125, much of this alternative 

along the Empire Corridor West would be on a new corridor outside of the existing Empire Corridor 

alignment. Because portions of Alternative 125 would not be located within the existing rail corridor, one 

representative “alignment” was developed for Alternative 125 at a conceptual level. It is intended to be 

one of several possible alignments that could be developed and studied in the future if Alternative 125 is 

determined to be the preferred alternative at the conclusion of this Tier 1 EIS. The purpose of developing 

a conceptual “alignment” for Alternative 125 in the Tier 1 EIS is to provide a basis for comparison of 

corridor-level performance, cost, and impact potential of a new corridor alternative versus existing 

corridor alternatives (i.e. Alternatives 90A, 90B and 110). 

In order to protect the confidentiality of site location information, these maps are being distributed only to 

federally recognized tribes with an interest in the project corridor and to SHPO. The enclosed maps are 

shown at a scale that is intended to show sufficient detail while limiting the sheets required to illustrate 

the 463-mile-long corridor to a reasonable number. The archaeological sites illustrated on the enclosed 

maps are based solely on a static representation of the archaeological site files of NYSM and SHPO at the 

time that research was conducted in February 2012. Information provided in these site files may be

outdated, speculative, and/or vague in respect to site location and content, and there has been no initial 

field study to confirm the presence or absence of archaeological sites. This data also does not include 

Page I-352
Chief Henry/Tuscarora Nation 2 April 8, 2013 

archaeological site information housed at SUNY Buffalo, SUNY Binghamton, or any other repositories. 

In a letter dated December 14, 2012, the Oneida Nation provided comments on the proposed project and 

identified cultural resources of significance to the Oneida. The data presented herein has not yet been 

modified to reflect input received from the Oneida or other tribal nations participating in Section 106 

consultation. 

The compilation of archaeological site file information represents the first step in a phased identification 

process, to establish baseline information for known historic properties as part of Tier 1 analysis. A 

Programmatic Agreement currently under development will describe this phased process and consultation 

procedures for Tier 2 analysis for individual component projects. 

We look forward to your continuing participation in Section 106 consultation for this project. In the near 

future, you will be provided an opportunity to review and comment on the Draft Programmatic 

Agreement. If you have any comments or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Archaeology maps 

cc: Colleen Vaughn, Federal Railroad Administration

Ruth Pierpont, New York State Office of Parks, Recreation, and Historic Preservation

Chief S. Patterson (Tuscarora Nation); w/o encl.

Page I-353
April 8, 2013 

Ruth L. Pierpont 

New York State Division for Historic Preservation

New York State Office of Parks, Recreation & Historic Preservation

Peebles Island State Park

P.O. Box 189 

Waterford, NY 12188-0189 

Re: High Speed Rail Empire Corridor Project

New York City to Niagara Falls

Section 106 Area of Potential Effects

Dear Ms. Pierpont: 

As you know, the Federal Railroad Administration (FRA) and the New York State Department of 

Transportation (NYSDOT) are preparing a Tier 1 Environmental Impact Statement (EIS) for the High 

Speed Rail Empire Corridor Project, which proposes improvements to the intercity passenger rail service 

along the Empire Corridor between New York City and Niagara Falls. This letter follows up on our 

November 21, 2012 letter to you, which described a proposed area of potential effect (APE) for the 

project and requested your office’s review and comment. We have not yet received a response from your 

office to date. 

This letter also seeks to inform you that similar letters describing the proposed APE were sent to federally 

recognized tribal nations with an interest in the project corridor at that time, providing an opportunity for 

them to comment on the proposed APE, pursuant to Section 106 of the National Historic Preservation Act

(NHPA). The Oneida Nation provided comments on the proposed project in a letter to FRA and 

NYSDOT dated December 14, 2012. The Oneida Nation expressed concern with Alternative 125 and its 

potential to affect areas of sensitivity, the narrow width of the APE, and the perception that this 

alternative represents a specific alignment location. To date, no comments have been received from other 

tribal nations in response to NYSDOT’s letter describing the proposed APE. 

In response to the concerns expressed by the Oneida Nation, NYSDOT and FRA replied to the Oneida 

Nation in letters dated February 1, 2013 and February 19, 2013, respectively. These letters clarified that 

Alternative 125 is not a specific alignment but rather one of several possible alignments that could be 

developed and studied in the future if Alternative 125 is determined to be the preferred alternative at the 

conclusion of this Tier 1 EIS. The purpose of developing a conceptual “alignment” for Alternative 125 in 

the Tier 1 EIS is to provide a basis for comparison of corridor-level performance, cost, and impact 

potential of a new corridor alternative versus existing corridor alternatives (i.e. Alternatives 90A, 90B and 

110). It was further noted that the proposed APEs submitted to the federally recognized tribes in 

November 2012 were preliminary and subject to review and comment from the tribal nations and from 

SHPO. Comments on the proposed project and the preliminary APEs had been received early in the 

Section 106 consultation process when FRA and NYSDOT met with federally recognized tribal nations in 

Page I-354
New York State Historic Preservation Office 2 April 8, 2013 

Rochester on May 30, 2012. In addition, both FRA and NYSDOT confirmed that a face-to-face meeting 

with the Oneida Nation would be planned in the near future. 

As consultation under Section 106 progresses, NYSDOT and FRA will continue to keep your office 

informed regarding input received from federally recognized tribal nations and consulting parties. At this 

time, we request the concurrence of the SHPO with the proposed APE presented in our November 21, 

2012 submittal. If you have any questions or concerns regarding the proposed project at this time, please 

contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager

High Speed Rail Empire Corridor Project 

New York State Department of Transportation

Policy & Planning Division

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project

cc: Colleen Vaughn, Federal Railroad Administration

Page I-355
Page I-356
April 12, 2013 

Ruth L. Pierpont 

New York State Division for Historic Preservation 

New York State Office of Parks, Recreation & Historic Preservation 

Peebles Island State Park 

P.O. Box 189 

Waterford, NY 12188-0189 

Re: High Speed Rail Empire Corridor Project 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Ms. Pierpont, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation 

(NYSDOT) are preparing a Tier 1 Environmental Impact Statement (EIS), in compliance with the 

National Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Project, which 

proposes improvements to the intercity passenger rail service along the Empire Corridor between New 

York City and Niagara Falls. 

In order to advance consultation with your office pursuant to Section 106 of the National Historic 

Preservation Act (NHPA), we are submitting the enclosed Draft Programmatic Agreement for your 

review. In coordination with the tiered process under NEPA, Section 106 is being progressed using a 

phased process. This Draft Programmatic Agreement among FRA, NYSDOT, and the New York State 

Historic Preservation Office (SHPO) sets forth a protocol for Section 106 compliance for the proposed 

component projects that would be advanced in the future as part of Tier 2 of the High Speed Rail Empire 

Corridor Project. NYSDOT will be contacting your office in the near future to schedule a meeting with 

appropriate SHPO staff members during the initial period of your review to discuss the Draft 

Programmatic Agreement. 

Page I-357
New York State Historic Preservation Office 2 April 12, 2013 

We look forward to continuing consultation with you on this project and appreciate your timely review of 

the enclosed document. If your office has questions or comments regarding the enclosed document prior 

to our meeting, please contact me by email at dchan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Project 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely, 

 

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Project 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Page I-358
Page I-359
Page I-360
July 26, 2013 

Clint Halftown 

Cayuga Nation 

P.O. Box 803 

Seneca Falls, NY 13148 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Mr. Halftown, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Cayuga Nation as a consulting party pursuant to Section 106 of the 

National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in our letter of April 

8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your review. In coordination 

with the tiered process under NEPA, Section 106 is being progressed using a phased process. This Draft PA

among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets forth a protocol for 

Section 106 compliance for the proposed component projects that would be advanced in the future as part of 

Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated in the Tier 1 Draft 

EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Cayuga Nation the opportunity to be a Concurring Party to the Final PA. Signing the 

PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 process, and 

with the contents of the agreement. Please be aware that the signature of a Concurring Party is not required 

for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to amend or 

terminate the PA. 

Page I-361
Cayuga Nation 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Page I-362
July 26, 2013 

Tamara Francis 

Cultural Preservation Director 

Delaware Nation 

31064 State Highway 281 

Anadarko, OK 73005 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Ms. Francis, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Delaware Nation as a consulting party pursuant to Section 106 of 

the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in our letter of 

April 8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your review. In 

coordination with the tiered process under NEPA, Section 106 is being progressed using a phased process. 

This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets forth a 

protocol for Section 106 compliance for the proposed component projects that would be advanced in the 

future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated in

the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Delaware Nation the opportunity to be a Concurring Party to the Final PA. Signing the 

PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 process, and 

with the contents of the agreement. Please be aware that the signature of a Concurring Party is not required 

for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to amend or 

terminate the PA. 

Page I-363
Delaware Nation 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Jason Ross, Section 106 Assistant, Delaware Nation, w/o enclosure 

Ivy Smith, Cultural Preservation Department, Delaware Nation, w/o enclosure 

Page I-364
July 26, 2013 

Dr. Brice Obermeyer 

Delaware Tribe Historic Preservation Office 

1420 C of E Drive, Suite 190 

Emporia, Kansas 66801 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Dr. Obermeyer, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Delaware Tribe as a consulting party pursuant to Section 106 of the 

National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in our letter of April 

8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your review. In coordination 

with the tiered process under NEPA, Section 106 is being progressed using a phased process. This Draft PA 

among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets forth a protocol for 

Section 106 compliance for the proposed component projects that would be advanced in the future as part of 

Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated in the Tier 1 Draft 

EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Delaware Tribe the opportunity to be a Concurring Party to the Final PA. Signing the 

PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 process, and 

with the contents of the agreement. Please be aware that the signature of a Concurring Party is not required 

for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to amend or 

terminate the PA. 

Page I-365
Delaware Tribe Historic Preservation Office 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Page I-366
July 26, 2013 

Sherry White 

Tribal Historic Preservation Officer 

Stockbridge-Munsee Community Band of Mohican Indians 

W13447 Camp 14 Road 

Bowler, WI 54416 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Ms. White, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Stockbridge-Munsee Community Band of Mohican Indians as a 

consulting party pursuant to Section 106 of the National Historic Preservation Act (NHPA) (36 CFR 800 et 

seq.), and as we had discussed in our letter of April 8, 2013, we are providing the enclosed Draft 

Programmatic Agreement (PA) for your review. In coordination with the tiered process under NEPA, Section 

106 is being progressed using a phased process. This Draft PA among FRA, NYSDOT, and the New York State 

Historic Preservation Office (SHPO) sets forth a protocol for Section 106 compliance for the proposed 

component projects that would be advanced in the future as part of Tier 2 of the High Speed Rail Empire 

Corridor Program. The Draft PA will be incorporated in the Tier 1 Draft EIS, which will be made available to 

the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Stockbridge-Munsee Community Band of Mohican Indians the opportunity to be a 

Concurring Party to the Final PA. Signing the PA as a Concurring Party indicates general concurrence with the 

outcome of the Section 106 process, and with the contents of the agreement. Please be aware that the 

signature of a Concurring Party is not required for the PA to be executed, and that only the FRA, NYSDOT and 

the SHPO have the authority to amend or terminate the PA. 

Page I-367
Stockbridge-Munsee Community Band of Mohican Indians 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Page I-368
July 26, 2013 

Jesse Bergevin 

Oneida Indian Nation 

1256 Union Street 

P.O. Box 662 

Oneida, New York 13421-0662 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Mr. Bergevin, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Oneida Indian Nation as a consulting party pursuant to Section 106 

of the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in our letter of 

April 8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your review. In 

coordination with the tiered process under NEPA, Section 106 is being progressed using a phased process. 

This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets forth a 

protocol for Section 106 compliance for the proposed component projects that would be advanced in the 

future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated in

the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Oneida Indian Nation the opportunity to be a Concurring Party to the Final PA. 

Signing the PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 

process, and with the contents of the agreement. Please be aware that the signature of a Concurring Party is 

not required for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to 

amend or terminate the PA. 

Page I-369
Oneida Indian Nation 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Laura Misita, Oneida Indian Nation Legal Dept., w/o enclosure 

Page I-370
July 26, 2013 

Tony Gonyea 

Onondaga Nation Communications 

716 East Washington Street 

Suite 104 

Syracuse, NY 13210 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Mr. Gonyea, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Onondaga Nation as a consulting party pursuant to Section 106 of 

the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in our letter of 

April 8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your review. In 

coordination with the tiered process under NEPA, Section 106 is being progressed using a phased process. 

This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets forth a 

protocol for Section 106 compliance for the proposed component projects that would be advanced in the 

future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated in

the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Onondaga Nation the opportunity to be a Concurring Party to the Final PA. Signing 

the PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 process, and 

with the contents of the agreement. Please be aware that the signature of a Concurring Party is not required 

for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to amend or 

terminate the PA. 

Page I-371
Onondaga Nation 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Chief Irv Powless, Jr., Onondaga Nation, w/o enclosure 

Thane Joyal, Esq., Onondaga Nation, w/o enclosure 

Page I-372
July 26, 2013 

Arnold Printup, Jr. 

St. Regis Mohawk Tribal Historic Preservation Officer 

412 State Route 37 

Akwesasne, NY 13655 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Mr. Printup, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the St. Regis Mohawk Tribe as a consulting party pursuant to Section 

106 of the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in our 

letter of April 8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your review. In 

coordination with the tiered process under NEPA, Section 106 is being progressed using a phased process. 

This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets forth a 

protocol for Section 106 compliance for the proposed component projects that would be advanced in the 

future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated in

the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the St. Regis Mohawk Tribe the opportunity to be a Concurring Party to the Final PA. 

Signing the PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 

process, and with the contents of the agreement. Please be aware that the signature of a Concurring Party is 

not required for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to 

amend or terminate the PA. 

Page I-373
St. Regis Mohawk Tribe 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to:

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Chief Randy Hart, Saint Regis Mohawk Tribal Council, w/o enclosure 

Page I-374
August 6, 2013 

Chief William Fisher 

Seneca-Cayuga Tribe of Oklahoma 

23701 South 655 Road 

Grove, OK 74344

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Chief Fisher, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Seneca-Cayuga Tribe of Oklahoma as a consulting party pursuant to 

Section 106 of the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in 

our letter of April 8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your 

review. In coordination with the tiered process under NEPA, Section 106 is being progressed using a phased 

process. This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets 

forth a protocol for Section 106 compliance for the proposed component projects that would be advanced in 

the future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated 

in the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Seneca-Cayuga Tribe of Oklahoma the opportunity to be a Concurring Party to the 

Final PA. Signing the PA as a Concurring Party indicates general concurrence with the outcome of the Section 

106 process, and with the contents of the agreement. Please be aware that the signature of a Concurring 

Party is not required for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the 

authority to amend or terminate the PA. 

Page I-375
Seneca-Cayuga Tribe of Oklahoma 2 August 6, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

September 6, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Page I-376
July 26, 2013 

Melissa Bach 

Tribal Historic Preservation Officer 

Seneca Nation of Indians 

90 O:hi’yoh Way

Salamanca, NY 14779 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Ms. Bach, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Seneca Nation of Indians as a consulting party pursuant to Section 

106 of the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in our 

letter of April 8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your review. In 

coordination with the tiered process under NEPA, Section 106 is being progressed using a phased process. 

This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets forth a 

protocol for Section 106 compliance for the proposed component projects that would be advanced in the 

future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated in

the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Seneca Nation of Indians the opportunity to be a Concurring Party to the Final PA. 

Signing the PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 

process, and with the contents of the agreement. Please be aware that the signature of a Concurring Party is 

not required for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to 

amend or terminate the PA. 

Page I-377
Seneca Nation of Indians 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

G. Peter Jemison, NAGPRA Rep , SNI, w/o enclosure 

Page I-378
July 26, 2013 

Randy King 

Chairman, Board of Trustees 

Shinnecock Indian Nation Tribal Office 

P.O. Box 5006 

Southampton, NY 11969 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Mr. King, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Shinnecock Indian Nation as a consulting party pursuant to Section 

106 of the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in our 

letter of April 8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your review. In 

coordination with the tiered process under NEPA, Section 106 is being progressed using a phased process. 

This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets forth a 

protocol for Section 106 compliance for the proposed component projects that would be advanced in the 

future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated in

the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Shinnecock Indian Nation the opportunity to be a Concurring Party to the Final PA. 

Signing the PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 

process, and with the contents of the agreement. Please be aware that the signature of a Concurring Party is 

not required for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to 

amend or terminate the PA. 

Page I-379
Shinnecock Indian Nation 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Marguerite A. Smith Esq., Shinnecock Indian Nation, w/o enclosure 

Page I-380
July 26, 2013 

Chief Darwin Hill, Clerk 

Tonawanda Seneca Nation Office 

7027 Meadville Road 

Basom, New York 14013 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Chief Hill, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Tonawanda Seneca Nation as a consulting party pursuant to 

Section 106 of the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in 

our letter of April 8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your 

review. In coordination with the tiered process under NEPA, Section 106 is being progressed using a phased 

process. This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets 

forth a protocol for Section 106 compliance for the proposed component projects that would be advanced in 

the future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated 

in the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Tonawanda Seneca Nation the opportunity to be a Concurring Party to the Final PA. 

Signing the PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 

process, and with the contents of the agreement. Please be aware that the signature of a Concurring Party is 

not required for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to 

amend or terminate the PA. 

Page I-381
Tonawanda Seneca Nation 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Page I-382
July 26, 2013

Chief Leo R. Henry 

Tuscarora Nation 

2006 Mt. Hope Road 

via Lewiston, NY 14092 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Chief Henry, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Tuscarora Nation as a consulting party pursuant to Section 106 of 

the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in our letter of 

April 8, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your review. In 

coordination with the tiered process under NEPA, Section 106 is being progressed using a phased process. 

This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets forth a 

protocol for Section 106 compliance for the proposed component projects that would be advanced in the 

future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated in

the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Tuscarora Nation the opportunity to be a Concurring Party to the Final PA. Signing 

the PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 process, and 

with the contents of the agreement. Please be aware that the signature of a Concurring Party is not required 

for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to amend or 

terminate the PA. 

Page I-383
Tuscarora Nation 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look 

forward to continuing consultation with you on this program. 

Please forward your comments or questions by email at david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Chief Stuart Patterson, Tuscarora Nation, w/o enclosure 

Page I-384
July 26, 2013 

Daniel Mackay, Director of Public Policy 

Preservation League of New York State 

44 Central Ave 

Albany, NY 12206 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Mr. Mackay, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Preservation League of New York State as a consulting party 

pursuant to Section 106 of the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had 

discussed in our meeting of May 2, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) 

for your review. In coordination with the tiered process under NEPA, Section 106 is being progressed using a 

phased process. This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office 

(SHPO) sets forth a protocol for Section 106 compliance for the proposed component projects that would be 

advanced in the future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be 

incorporated in the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Preservation League of New York State the opportunity to be a Concurring Party to 

the Final PA. Signing the PA as a Concurring Party indicates general concurrence with the outcome of the 

Section 106 process, and with the contents of the agreement. Please be aware that the signature of a 

Concurring Party is not required for the PA to be executed, and that only the FRA, NYSDOT and the SHPO 

have the authority to amend or terminate the PA. 

Page I-385
Preservation League of New York State 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look forward 

to continuing consultation with you on this program. 

Please forward your comments or questions by email to david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Page I-386
July 26, 2013 

Beth Sciumeca, Executive Director 

NPS/Erie Canalway National Heritage Corridor 

P.O. Box 219 

Waterford, NY 12188 

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Ms. Sciumeca, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the NPS/Erie Canalway National Heritage Corridor as a consulting party 

pursuant to Section 106 of the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had 

discussed in our meeting of May 2, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) 

for your review. In coordination with the tiered process under NEPA, Section 106 is being progressed using a 

phased process. This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office 

(SHPO) sets forth a protocol for Section 106 compliance for the proposed component projects that would be 

advanced in the future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be 

incorporated in the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the NPS/Erie Canalway National Heritage Corridor the opportunity to be a Concurring 

Party to the Final PA. Signing the PA as a Concurring Party indicates general concurrence with the outcome 

of the Section 106 process, and with the contents of the agreement. Please be aware that the signature of a 

Concurring Party is not required for the PA to be executed, and that only the FRA, NYSDOT and the SHPO 

have the authority to amend or terminate the PA. 

Page I-387
NPS/Erie Canalway National Heritage Corridor 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look forward 

to continuing consultation with you on this program. 

Please forward your comments or questions by email to david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Duncan Hay, NPS/Erie Canalway National Heritage Corridor, w/o enclosure 

Page I-388
July 26, 2013 

Tom Yots, Executive Director 

Preservation Buffalo Niagara 

617 Main Street, Suite 201 

Buffalo, New York 14203

Re: High Speed Rail Empire Corridor Program 

New York City to Niagara Falls 

Section 106 Consultation: Draft Programmatic Agreement 

Dear Mr. Yots, 

The Federal Railroad Administration (FRA) and the New York State Department of Transportation (NYSDOT) 

are preparing a Tier 1 Draft Environmental Impact Statement (Draft EIS), in compliance with the National 

Environmental Policy Act (NEPA), for the High Speed Rail Empire Corridor Program, which proposes 

improvements to the intercity passenger rail service along the Empire Corridor between New York City and 

Niagara Falls. 

In order to advance consultation with the Preservation Buffalo Niagara as a consulting party pursuant to 

Section 106 of the National Historic Preservation Act (NHPA) (36 CFR 800 et seq.), and as we had discussed in 

our meeting of May 2, 2013, we are providing the enclosed Draft Programmatic Agreement (PA) for your 

review. In coordination with the tiered process under NEPA, Section 106 is being progressed using a phased 

process. This Draft PA among FRA, NYSDOT, and the New York State Historic Preservation Office (SHPO) sets 

forth a protocol for Section 106 compliance for the proposed component projects that would be advanced in 

the future as part of Tier 2 of the High Speed Rail Empire Corridor Program. The Draft PA will be incorporated 

in the Tier 1 Draft EIS, which will be made available to the public in the near future. 

In acknowledgement of your participation in the Section 106 process as a “consulting party,” NYSDOT and 

FRA intend to offer the Preservation Buffalo Niagara the opportunity to be a Concurring Party to the Final PA. 

Signing the PA as a Concurring Party indicates general concurrence with the outcome of the Section 106 

process, and with the contents of the agreement. Please be aware that the signature of a Concurring Party is 

not required for the PA to be executed, and that only the FRA, NYSDOT and the SHPO have the authority to 

amend or terminate the PA. 

Page I-389
Preservation Buffalo Niagara 2 July 26, 2013 

We request that you provide any comments on the enclosed document within a 30 day review period ending 

August 27, 2013. All comments received by that date will be considered in finalizing the PA. We look forward 

to continuing consultation with you on this program. 

Please forward your comments or questions by email to david.chan@dot.ny.gov, or by mail to: 

David Chan, Project Manager 

High Speed Rail Empire Corridor Program 

New York State Department of Transportation 

Policy & Planning Division 

50 Wolf Road, POD#61 

Albany, NY 12232 

Sincerely,

David Chan 

NYSDOT Project Manager, High Speed Rail Empire Corridor Program 

Encl. Draft Programmatic Agreement 

cc: Colleen Vaughn, Federal Railroad Administration 

Page I-390
Appendix I – Agency Correspondence Tier 1 Draft EIS 

4. Agency Notification Correspondence

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-391
This page intentionally left blank. 
Appendix I – Agency Correspondence Tier 1 Draft EIS 

4.1 Agency Information Requests

Index of Agency Information Requests

Kim, Addie, HNTB Corporation, “Empire Corridor High Speed Rail,” Email communication with 

Christina Croll, New York State Department of Environmental Conservation. February 8, 2011. 

Kays, Karen, Pinyon Environmental, Inc., “Spills Data Request.” Email communication with E. 

Zuck, New York State Department of Environmental Conservation. February 11, 2011.

Kays, Karen, Pinyon Environmental, Inc., “Empire Corridor High Speed Rail” Email 

communication with Mike Holt, New York State Department of Environmental Conservation. 

February 11, 2011.

Grilli, Joseph G., P.E., HNTB Corporation, “Information Request for High Speed Rail Empire 

Corridor Project.” Letter, March 18, 2011, to the following:

Mr. Gary Kassof, Commander, 

U.S. Coast Guard

First Coast Guard District

Battery Park Building

New York, NY 10004-5073

Mr. Scott Striffler, Commander

U.S. Coast Guard

Ninth Coast Guard District

1240 East Ninth Street, Room 2047

Cleveland, OH 44199

Mr. Jeff Herter

New York State Department of State, Division of Coastal Resources, Albany Office

99 Washington Avenue, Suite 100

Albany, NY 12231-0001

Commissioner

New York State Office of Parks, Recreation and Historic Preservation

Agency Building #1, Empire State Plaza

Albany, NY 12238

Ms. Mary Colligan

Assistant Regional Administrator, Protected Resources Division

National Marine Fisheries Service

55 Great Republic Drive

Gloucester, MA 01930

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-393
Tier 1 Draft EIS Appendix I – Agency Correspondence 

Mr. Peter Colosi

Assistant Regional Administrator, Habitat Conservation Division

National Marine Fisheries Service

55 Great Republic Drive

Gloucester, MA 01930

Mr. Roy Jacobson

New York State Department of Environmental Conservation

Division of Fish, Wildlife and Marine Resources

625 Broadway

Albany, NY 12233-4756

Ms. Tara Salerno

New York State Department of Environmental Conservation- Division of Fish, Wildlife and 

Marine Resources

New York Natural Heritage Program – Information Services

625 Broadway, 5th Flood

Albany, NY 12233-4757

Mr. Robert Ewing

New York State Department of Environmental Conservation

Division of Environmental Permits, 4th Floor

625 Broadway

Albany, NY 12233-1750

Ms. Anne Secord

United States Fish and Wildlife Service

Wetlands, Northeast Region 

3817 Luker Road

Cortland, NY 13045

High Speed Rail Empire Corridor Program 

New York State Department of Transportation

Page I-394
1

Addie Kim

From: Addie Kim

Sent: Tuesday, February 08, 2011 2:10 PM

To: 'christina.croll@oprhp.state.ny.us'

Cc: 'Bargovic, Danielle'; Joe Grilli

Subject: Empire Corridor High Speed Rail

Attachments: Corridor Map_July 28 2010 (2).pdf

Good afternoon Christina,

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad Administration

(FRA), is beginning the environmental review process for the proposed New York State High Speed Rail Empire Corridor

Project between Pennsylvania Station in New York City and Niagara Falls, New York.  The corridor proceeds north from

New York City through Albany and then turns west to Schenectady, passing through Syracuse, Rochester and Buffalo

before terminating at Niagara Falls, a distance of 463 miles (Figure 1).   

A Tier 1 Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act (NEPA) of 1969

and the New York State Environmental Quality Review Act (SEQRA), is being completed to evaluate and document

potential improvements and projects to intercity passenger rail service within the corridor.  The projects identified in the

Tier 1 EIS will be subject to detailed environmental review in Tier 2 project‐level NEPA documents.   

In order to complete the Tier 1 EIS, the project team will be reviewing available data.  At this time, we respectfully

request any Geographic Information System data regarding parks that have received Land and Water Conservation

Funding along or within 1⁄2 mile of the 463 mile corridor (Figure 1).  While geographic information systems (GIS) data is

preferred, any mappable data your office could provide would be greatly appreciated.  As I understand it, GIS mapping

of municipal parks that have received Land and Water Conservation Funding is available for our use.   

If you have any questions, please feel free to contact me.

Best regards,

Addie

Addie Kim

Senior Environmental Planner

HNTB Corporation

31 St. James Avenue, Suite 300

Boston, MA 02116

Tel (617) 532-2326

Fax (617) 428-6905

Page I-395
Niagara Falls

Buffalo-Exchange

Buffalo-Depew

Rochester

Syracuse

Rome

Utica

Amsterdam

Schenectady

Albany-Rensselaer

Hudson

Rhinecliff

Poughkeepsie

Yonkers

New York Penn Station

CrotonHarmon

86

86

90

90

81

81

Essex

Erie

St Lawrence

Lewis

Franklin

Hamilton

Ulster

Oneida

Steuben

Herkimer

Clinton

Delaware

Otsego

Jefferson

Suffolk

Warren

Sullivan

Oswego

Allegany

Orange

Cattaraugus

Cayuga

Tioga

Saratoga

Broome

Ontario

Chautauqua

Dutchess

Wayne

Greene

Monroe

Chenango

Fulton

Madison

Albany

Onondaga

Columbia

Niagara

Yates

Wyoming

Livingston

Schoharie

Cortland

Genesee

Tompkins

Orleans

Chemung

Schuyler

Montgomery

Putnam

Washington

Rensselaer Seneca

Westchester

Nassau

Rockland

Kings

Bronx

Richmond

New York

CDTC

HOCTS

GTC

UCTC

NYMTC

GBNRTC

GBNRTC

OCTC

SMTC

NYMTC

PDCTC

81

91

86

89

87

93

78

495 390

476

395

99

287

276

180

190

279

176

691

376

495

293

291

283

78

80

290

287

84

84

287

79 80

76

88

195

295

380

90

90

86

87

84

84

Legend

Owner

Amtrak

CSX Transportation

Metro-North Railroad

Empire Corridor

Intercity Passenger Stations

Amtrak Station

Metro North Station

MPO Boundaries July 28, 2010

CDTC - Capital District Transportation Committee

GBNRTC - 

GTC - 

HOCTS - 

NYMTC - 

OCTC - 

PDCTC - 

SMTC - 

UCTC - 

Greater Buffalo-Niagara Regional Transportation Council

Genesee Transportation Council

Herkimer-Oneida Counties Transportation Study

New York Metropolitan Transportation Council

Orange County Transportation Council

Poughkeepsie-Dutchess County Transportation Council

Syracuse Metropolitan Transportation Council

Ulster County Transportation Council

Metropolitan Planning Organization (MPO) Acronyms
file:///Y|/...ces B - I/Appendix I - Agency Coordination/Project-Site Review Correspondence/Spills Data Request to Elaine Zuck NYSDEC.htm[9/5/2012 4:13:01 PM]

From: Karen Kays

Sent: Friday, February 11, 2011 11:24 AM

To: 'emzuck@gw.dec.state.ny.us'

Subject: Spills Data Request

Attachments: Project_Centerline.zip; centerline_halfmile_buffer.zip; Corridor Map_July 28 2010 (2).pdf

Dear Ms. Zuck,

Thank you for taking the time to speak to me today. Below is further information about the project and a formal request for

data. I’ve also attached our Shape files of the project centerline and 1⁄2 mile buffer as well as a general map of the corridor.

As discussed, it would be very helpful if you could provide me with any GIS data and the link to the FTP site.

Data request and project information:

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad Administration (FRA), is

beginning the environmental review process for the proposed New York State High Speed Rail Empire Corridor Project

between Pennsylvania Station in New York City and Niagara Falls, New York. The corridor proceeds north from New York City

through Albany and then turns west to Schenectady, passing through Syracuse, Rochester and Buffalo before terminating at

Niagara Falls, a distance of 463 miles (Figure 1).

A Tier 1 Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act (NEPA) of 1969 and

the New York State Environmental Quality Review Act (SEQRA), is being completed to evaluate and document potential

improvements and projects to intercity passenger rail service within the corridor. The projects identified in the Tier 1 EIS will

be subject to detailed environmental review in Tier 2 project-level NEPA documents. 

In order to complete the Tier 1 EIS, the project team will be reviewing available data. At this time, we respectfully request any

Geographic Information System data regarding Spills incidents along or within a 1⁄2 mile of the 463 mile corridor (Figure 1).

While geographic information systems (GIS) data is preferred, any mappable data your office could provide would be greatly

appreciated.

Please feel free to contact me if you have any questions. Thank you.

Karen Carling Kays

Environmental Scientist

Pinyon Environmental, Inc.

376 Broadway, Suite 210

Saratoga Springs, NY 12866

518.583.8012 tel

518.691.8693 fax

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

Page I-397
file:///Y|/...ordination/Project-Site Review Correspondence/Empire Corridor High Speed Rail_Public Water Supply and Watershed request.htm[9/5/2012 4:14:03 PM]

From: Karen Kays

Sent: Friday, February 11, 2011 11:32 AM

To: 'dowinfo@gw.dec.state.ny.us'

Subject: FW: Empire Corridor High Speed Rail

Attachments: Corridor Map_July 28 2010 (2).pdf

Mr. Holt,

A map of the project area is attached.

Karen Carling Kays

Environmental Scientist

Pinyon Environmental, Inc.

518.583.8012 tel

From: Karen Kays 

Sent: Friday, February 11, 2011 11:27 AM

To: 'dowinfo@gw.dec.state.ny.us'

Subject: Empire Corridor High Speed Rail

Attention: Mr. Mike Holt

Good Afternoon Mr. Holt:

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad Administration (FRA), is

beginning the environmental review process for the proposed New York State High Speed Rail Empire Corridor Project

between Pennsylvania Station in New York City and Niagara Falls, New York. The corridor proceeds north from New York City

through Albany and then turns west to Schenectady, passing through Syracuse, Rochester and Buffalo before terminating at

Niagara Falls, a distance of 463 miles (Figure 1).

A Tier 1 Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act (NEPA) of 1969 and

the New York State Environmental Quality Review Act (SEQRA), is being completed to evaluate and document potential

improvements and projects to intercity passenger rail service within the corridor. The projects identified in the Tier 1 EIS will

be subject to detailed environmental review in Tier 2 project-level NEPA documents. 

In order to complete the Tier 1 EIS, the project team will be reviewing available data. At this time, we respectfully request any

Geographic Information System data regarding public water supply and watershed along or within 300 feet of the 463 mile

corridor (Figure 1). While geographic information systems (GIS) data is preferred, any mappable data your office could

provide would be greatly appreciated.

If you have any questions, please feel free to contact me. Thank you.

Karen Carling Kays

Environmental Scientist

Pinyon Environmental, Inc.

376 Broadway, Suite 210

Saratoga Springs, NY 12866

518.583.8012 tel
file:///Y|/...ordination/Project-Site Review Correspondence/Empire Corridor High Speed Rail_Public Water Supply and Watershed request.htm[9/5/2012 4:14:03 PM]

518.691.8693 fax

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

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High Speed Rail Empire Corridor Project July 28, 2010 

New York State Department of Transportation 

Figure 1—Project Location Map 
New York

New Jersey

Long Island

Sound

ver

Yonkers

New York Penn Station

§ ̈¦287

§ ̈¦95

§ ̈¦87

§ ̈¦684

§ ̈¦80

§ ̈¦495

§ ̈¦280

§ ̈¦78

B e r g e n B e r g e n

E s s e x E s s e x

P a s s a i c P a s s a i c

H u d s o n H u d s o n

U n i o n U n i o n

M o r r i s M o r r i s

N a s s a u N a s s a u

W e s t c h e s t e r W e s t c h e s t e r

R o c k l a n d R o c k l a n d

Q u e e n s Q u e e n s

B r o n x B r o n x

K i n g s K i n g s

N e w Y o r k N e w Y o r k

O r a n g e O r a n g e

New York

Oyster Bay

Ramapo

North Hempstead

Hempstead

Greenburgh

Clarkstown

Orangetown

Yonkers

Rye

Harrison

Mount Pleasant

Mamaroneck

North Castle

White Plains

Ossining

Scarsdale

Glen Cove

New Rochelle

Eastchester

Mount Vernon

Pelham

New Castle

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

1 of 12

DRAFT
Connecticut

New York

Hudson River

Croton-Harmon

§ ̈¦84

§ ̈¦684

§ ̈¦87

§ ̈¦287 B e r g e n B e r g e n

P a s s a i c P a s s a i c

O r a n g e O r a n g e

P u t n a m P u t n a m

W e s t c h e s t e r W e s t c h e s t e r

R o c k l a n d R o c k l a n d

D u t c h e s s D u t c h e s s

Kent

Ramapo

Carmel

Cortlandt

Fishkill

Bedford

Tuxedo

Philipstown

Yorktown

Somers

Woodbury

Clarkstown

Southeast

Patterson

Highlands

Cornwall

Putnam Valley

Newburgh

Lewisboro

New Windsor

East Fishkill

Stony Point

Pawling

Haverstraw

Monroe

New Castle

North Salem

Pound Ridge

North Castle

Ossining

Blooming Grove

Montgomery

Mount Pleasant

Beacon

Peekskill

Wappinger

Beekman

Mount Kisco

Hamptonburgh

Orangetown

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

2 of 12

DRAFT
Hudson River

Rhinecliff

Poughkeepsie

§ ̈¦87

§ ̈¦84

D u t c h e s s D u t c h e s s

U l s t e r U l s t e r

O r a n g e O r a n g e

P u t n a m P u t n a m

Dover

Olive

Lloyd

Stanford

Pawling

Amenia

Esopus

Clinton

Rochester

Washington

Gardiner

Marbletown

East Fishkill Newburgh

Plattekill

La Grange

Hyde Park

Montgomery

New Paltz

Union Vale

Rhinebeck

Beekman

Hurley

Fishkill

Northeast

Milan

Wappinger

Shawangunk

Ulster

Poughkeepsie

Pleasant Valley

Marlborough

Rosendale

Crawford

Kent

Patterson

Pine Plains

Kingston

Beacon

Wawarsing

New Windsor

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

3 of 12

DRAFT
Hudson River

Hudson

Rhinecliff

§ ̈¦87

G r e e n e G r e e n e

C o l u m b i a C o l u m b i a

U l s t e r U l s t e r

D u t c h e s s D u t c h e s s

S c h o h a r i e S c h o h a r i e

Hunter

Cairo

Catskill

Ghent

Olive

Milan

Saugerties

Woodstock

Jewett

Ancram

Copake

Gallatin

Hurley

Claverack

Windham

Ulster

Hillsdale

Red Hook

Athens

Taghkanic

Livingston

Coxsackie

Durham

Austerlitz

Northeast

Pine Plains

Rhinebeck

Clermont

Greenport

Stanford

Stockport

Greenville

Germantown

Lexington

Kingston

Stuyvesant

Chatham

Marbletown

Kinderhook

Hudson

Canaan

Clinton

Shandaken

Esopus

Ashland

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

4 of 12

DRAFT
Hudson River

Schenectady

Albany-Rensselaer

§ ̈¦88

§ ̈¦87

§ ̈¦90

§ ̈¦787

§ ̈¦890

A l b a n y A l b a n y

R e n s s e l a e r R e n s s e l a e r

G r e e n e G r e e n e

S c h e n e c t a d y S c h e n e c t a d y

S c h o h a r i e S c h o h a r i e

C o l u m b i a C o l u m b i a

S a r a t o g a S a r a t o g a

M o n t g o m e r y M o n t g o m e r y

Berne

Knox

Colonie

Westerlo

Schodack

Duanesburg

Nassau

Glenville

Guilderland

Coeymans

Bethlehem

New Scotland

Wright

Coxsackie

Rotterdam

Sand Lake

Middleburgh

Albany

New Baltimore

Clifton Park

Schoharie

Greenville

Charlton

Stuyvesant

Princetown

Troy

Kinderhook

Rensselaerville

Athens

East Greenbush

Niskayuna

Chatham

Poestenkill

North Greenbush

Brunswick

Schenectady

Florida

Stockport

Cohoes

Broome

Ballston

Esperance

Berlin

Stephentown

Halfmoon

Rensselaer

Cairo

Waterford

Watervliet

Amsterdam

Green Island

Galway

Cobleskill

Durham

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

5 of 12

DRAFT
Amsterdam

§ ̈¦90

§ ̈¦88

F u l t o n F u l t o n

M o n t g o m e r y M o n t g o m e r y

O t s e g o O t s e g o

H e r k i m e r H e r k i m e r

S c h o h a r i e S c h o h a r i e

S c h e n e c t a d y S c h e n e c t a d y

A l b a n y A l b a n y

S a r a t o g a S a r a t o g a

Root

Glen

Florida

Minden

Johnstown

Duanesburg

Mayfield

Sharon

Palatine

Oppenheim

Caroga

Perth

Stark

Carlisle

Ephratah

Mohawk

Charleston

Stratford

Broadalbin

Canajoharie

Danube

Bleecker

Manheim

Cherry Valley

Salisbury

Amsterdam

Galway

Seward

Roseboom

Providence

Esperance

Springfield

Middlefield

Princetown

Knox

St Johnsville

Glenville

Northampton

Charlton

Edinburg

Cobleskill

Rotterdam

Gloversville

Schoharie Wright

Little Falls

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

6 of 12

DRAFT
Rome

§ ̈¦90

§ ̈¦790

O n e i d a O n e i d a

H e r k i m e r H e r k i m e r

M a d i s o n M a d i s o n

O t s e g o O t s e g o O t s e g o O t s e g o

H a m i l t o n H a m i l t o n

Rome

Salisbury

Floyd

Paris

Russia

Marcy

Trenton

Fairfield

Ohio

Warren

Stark

Vernon

Norway

Schuyler

Lee

Madison

Kirkland Frankfort

Marshall

Newport Deerfield

Columbia

Herkimer

Verona

Augusta Litchfield

Utica

Westmoreland

Winfield Sangerfield

Danube

German Flatts

Whitestown

Richfield

Manheim

Little Falls

Bridgewater

New Hartford

Western

Brookfield Springfield

Eaton

Steuben

Plainfield

Stockbridge

Annsville

Exeter

Sherrill

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

7 of 12

DRAFT
Oneida

Lake

Syracuse § ̈¦90

§ ̈¦81

§ ̈¦690

§ ̈¦481

O n o n d a g a O n o n d a g a

M a d i s o n M a d i s o n

O n e i d a O n e i d a

O s w e g o O s w e g o

Vienna

Clay

Verona

Sullivan

Pompey

Constantia

Cicero

Eaton

Manlius

Onondaga

Lenox

Nelson

De Witt

Rome

Cazenovia

Fenner

La Fayette

Otisco

Vernon

Lincoln

Oneida

Schroeppel

Syracuse

Stockbridge

Lee

Salina

Smithfield

Camillus

Lysander

Hastings

Madison

Annsville

West Monroe

Geddes

Fabius

Augusta

Van Buren

Camden

Spafford

Tully

Marcellus

Sherrill

Westmoreland

Palermo

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

8 of 12

DRAFT
Lake

Ontario

§ ̈¦90

W a y n e W a y n e

C a y u g a C a y u g a O n o n d a g a O n o n d a g a

S e n e c a S e n e c a

O s w e g o O s w e g o

O n t a r i o O n t a r i o

Ira

Galen

Cato

Tyre

Sodus

Huron

Lysander

Rose

Lyons

Butler

Phelps

Fayette

Victory

Elbridge

Wolcott

Skaneateles

Junius

Granby

Aurelius

Conquest

Sennett

Savannah

Van Buren

Marcellus

Brutus

Camillus

Fleming

Owasco

Mentz

Arcadia

Throop

Sterling

Waterloo

Hannibal

Seneca Falls

Spafford Springport

Schroeppel

Montezuma

Seneca

Geneva

Auburn

Volney

Otisco

Onondaga

Niles

Clay

Fulton

Scipio

Geddes

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

9 of 12

DRAFT
Lake

Ontario

Rochester

§ ̈¦90

§ ̈¦390

§ ̈¦490

§ ̈¦590

M o n r o e M o n r o e

O n t a r i o O n t a r i o

W a y n e W a y n e

L i v i n g s t o n L i v i n g s t o n

Chili

Sodus

Avon

Phelps

Arcadia

Lima

Victor

Rush

Greece

Mendon

Penfield

Ontario

Macedon

Marion

Webster

Palmyra

Perinton

Henrietta

Hopewell

Canandaigua

Seneca

Walworth

Rochester

Farmington Manchester

Williamson

Parma

Ogden

Pittsford

Gates

Livonia

East Bloomfield

Bristol Gorham

Caledonia

Brighton

Geneseo

West Bloomfield

Wheatland

Richmond

Irondequoit

York

Lyons

Geneva

East Rochester

Riga

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

10 of 12

DRAFT
§ ̈¦90

§ ̈¦490

G e n e s e e G e n e s e e

O r l e a n s O r l e a n s

M o n r o e M o n r o e

E r i e E r i e

W y o m i n g W y o m i n g

L i v i n g s t o n L i v i n g s t o n

N i a g a r a N i a g a r a

York

Barre

Elba

Riga

Darien

Batavia

Shelby

Le Roy

Alabama

Royalton

Byron

Ogden

Attica

Newstead

Alden

Pavilion

Bethany

Sweden

Pembroke

Bennington

Caledonia

Stafford

Chili

Albion

Bergen

Alexander

Clarendon

Parma

Murray Clarkson

Oakfield

Marilla

Avon

Middlebury

Covington

Wheatland

Hartland Ridgeway

Geneseo

Gaines

Leicester

Rush

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

11 of 12

DRAFT
Ontario

(Canada)

New York

(United States)

Lake

Erie

Lake

Ontario

Buffalo-Depew

Niagara Falls

Buffalo-Exchange Street

§ ̈¦90

§ ̈¦190

§ ̈¦290

E r i e E r i e

N i a g a r a N i a g a r a

E r i e E r i e

W y o m i n g W y o m i n g

G e n e s e e G e n e s e e

O r l e a n s O r l e a n s

Royalton

Buffalo

Amherst Clarence

Lockport

Alden

Lewiston

Newstead

Hartland

Cambria

Porter

Wilson

Elma

Lancaster

Newfane

Darien

Wheatfield Pendleton

Grand Island

Marilla

Cheektowaga

Alabama

Shelby

Tonawanda

Pembroke

West Seneca

Niagara Falls

Bennington

Niagara

Ridgeway

North Tonawanda

Lackawanna

PENNSYLVANIA

ONTARIO

(CANADA)

NEW

JERSEY

NEW YORK

Lake

Ontario

Lake

Erie

KEY MAP

0 2.5 5 10

Miles

I High Speed Rail Empire Corridor

Tier 1 Environmental Impact Statement

BASE MAP 02/03/11

Sheet 

12 of 12

DRAFT
Attachment A 

Major Stream and Rivers within 300 Feet of the Track Centerline 

Empire Corridor, New York 

County 

(Approximate Mile Post) 

River/Stream Location 

(Approximate Mile Post) 

River/Stream Name 

New York (0-11.5) none 

Bronx (11.5-14) none 

Westchester (14-45) 15 

23 

24 

26.5 

29.5 

31 

33 

34.5 

36 

37 

37.5 

40 

42 

Undetermined Name 

Undetermined Name 

Undetermined Name 

Undetermined Name 

Kemeys Cove 

Undetermined Name 

Undetermined Name 

Undetermined Name 

Brinton Brook 

Undetermined Name 

Undetermined Name 

Undetermined Name 

Undetermined Name 

Putnam (45 -54.5) 52 

54 

Foundry Cove 

Breakneck Brook 

Dutchess (54.5-75/QC76-QC100.5) 56 

56.5 

58 

61 

63 

65 

67 

73.5 

QC 77 

QC 79.5 

QC 83 

QC 85 

QC 86 

QC 87 

QC 91 

QC 92.5 

QC 94.5 

QC 96 

QC 98 

Cascade Brook 

Gordons Brook 

Fishkill Creek 

Unnamed 

Unnamed 

Wappinger Creek 

Tributary to Cobalt Lake 

Fall Kill 

Maritje Kill 

Crum Kill 

Indian Kill 

North Staatsburg Creek 

Vandenburgh Cove 

Unnamed 

Astor Cove 

Unnamed 

Mudder Kill 

South Bay 

North Bay 

Columbia (QC100.5-QC129.5) QC 103.5 

QC 108 

QC 115.5 

QC 118.5 

QC 121 

QC 126 

QC 126.5 

Unnamed 

Roeliff Jensen Kill 

North Bay 

Stockport Creek 

Unnamed 

Mill Creek 

Unnamed 

Rensselaer (QC129.5-QC143) QC 129.5 

QC 133 

QC 134 

QC 135 

QC 136 

QC 139 

QC 141.5 

Unnamed 

Muitzes Kill 

Vlockie Kill 

Moordener Kill 

Papscanee Creek 

Papscanee Creek 

Mill Creek 

Albany (QC143-QC155) QC 143 

QC 146 

QC 149 

QC 154 

Hudson River 

Unnamed 

Rensselaer lake 

Lisha Kill 

Schenectady (QC155-QC170/QG42) QC 160 

QC 161 

QC 166 

QC 168 

QC 169 

Mohawk River/ Erie Canal 

Collins Creek 

Washout Creek 

Verf Kill 

Chaughtanoonda Creek 

Montgomery (QC170/QG42-QC210) QC 170.5 

QC 174 

QC 176 

QC 178.5 

Compaanen Kill 

Unnamed 

Unnamed 

McQueen Creek 
Attachment A 

Major Stream and Rivers within 300 Feet of the Track Centerline 

Empire Corridor, New York 

County 

(Approximate Mile Post) 

River/Stream Location 

(Approximate Mile Post) 

River/Stream Name 

QC 180 

QC 185 

QC 186.5 

QC 190.5 

QC 194 

QC 196 

QC 197 

QC 199 

QC 203.5 

QC 204 

QC 205 

QC 207 

QC 207.5 

QC 209.5 

Unnamed 

Unnamed 

Cayadetta Creek 

Briggs Run 

Unnamed 

Unnamed 

Unnamed 

Unnamed 

Caroga Creek 

Mather Creek 

Unnamed 

Zimmerman Creek 

Timmerman Creek 

Crum Creek 

Herkimer (QC210-QC235) QC 210 

QC 211 

QC 214 

QC 215 

QC 220 

QC 223 

QC 234 

QC 234.5 

East Canada Creek 

Unnamed 

Unnamed 

Unnamed 

Beaver Brook 

West Canada Creek 

Mohawk River 

Ferguson Creek 

Oneida (QC235-QC264) QC 235.5 

QC 240.5 

QC 244.5 

QC 248.5 

QC 256.5 

QC 261 

Unnamed 

Sauquoit Creek 

Oriskany Creek 

Mohawk River 

Mad Creek 

Stony Creek 

Madison (QC264-QC278) QC 264 

QC 266 

QC 268.5 

QC 270 

QC 272 

QC 274 

QC 275 

QC 276.5 

Oneida Creek 

Cowaselon Creek 

Duck Settlement Creek 

Canastota Creek 

Old Erie Canal 

Unnamed 

Unnamed 

Chittenango Creek 

Onondaga (QC278-QC309) QC 278.5 

QC 280.5 

QC 282.5 

QC 285 

QC 287 

QC 292 

QC 295 

QC 296.5 

QC 302 

QC 302.5-QC 303 

QC 303.5 

QC 305 

QC 308 

QC 308.5 

Pools Brook 

Lake Brook 

Limestone Creek 

Butternut Creek 

South Branch Ley Creek 

Barge Canal 

Geddes Brook 

Nine Mile Creek 

Bitter Brook 

Old Erie Canal 

Dead Creek 

Unnamed 

Unnamed 

Unnamed 

Cayuga (QC309-QC320) QC 311.5 

QC 312 

QC 312.5 

QC 316 

QC 319.5 

Unnamed 

Putnam Brook 

Spring Brook 

Unnamed 

Erie Canal 

Wayne (QC320-QC357) QC 320 

QC 323 

QC 325.5 

QC 327 

QC 335 

QC 336 

QC 339 

QC 341 

QC 342 

QC 343.5 

Crusoe Creek 

Black Creek 

Unnamed 

Black Creek 

Erie Canal 

Canandaigua Creek 

Erie Canal 

Unnamed 

Ganargua Creek 

Red Creek 
Attachment A 

Major Stream and Rivers within 300 Feet of the Track Centerline 

Empire Corridor, New York 

County 

(Approximate Mile Post) 

River/Stream Location 

(Approximate Mile Post) 

River/Stream Name 

QC 346 

QC 348 

QC 349.5 

QC 351 

QC 355 

Ganargua Creek 

Unnamed 

Red Creek 

Unnamed 

Unnamed 

Monroe (QC357-QC388) QC 360 

QC 361.5 

QC 363 

QC 365.5 

QC 371.5 

QC 374.5 

QC 376 

QC 377.5 

QC 379 

QC 381.5 

QC 382 

QC 384.5 

QC 385.5 

QC 386 

Unnamed 

Unnamed 

Irondequoit Creek 

Allen Creek 

Genesee River 

Erie Canal 

Unnamed 

Unnamed 

Unnamed 

Unnamed 

Unnamed 

Little Black Creek 

Unnamed 

Black Creek 

Genesee (QC388-QC418) QC 389 

QC 392.5 

QC 394 

QC 395 

QC 396.5 

QC 398.5 

QC 399.5 

QC 401 

QC 404.5 

QC 407 

QC 408.5 

QC 414 

QC 416 

Unnamed 

Robins Brook 

Robins Brook 

Unnamed 

Black Creek 

Bigelow Creek 

Bigelow Creek 

Unnamed 

Tonawanda Creek 

Unnamed 

Bowen Creek 

Murder Creek 

Unnamed 

Erie (QC418-QC439/QDN1-QDN13) QC 418.5 

QC 422.5 

QC 425.5 

QDN 6 

QDN 7.5 

QDN 12 

QDN 12.5 

Unnamed 

Ellicott Creek 

Unnamed 

Scajaquada Creek 

Unnamed 

Unnamed 

Ellicott Creek 

Niagara (QDN13-QDN28) QDN 13.5 

QDN 14.5 

QDN 16.5 

QDN 20 

QDN 21 

QDN 25 

QDN 26 

Tonawanda Creek/Erie Canal 

Unnamed 

Unnamed 

Bergholtz Creek/ Sawyer Creek 

Cayuga Creek 

No name 

Gill Creek 
EMPIRE CORRIDOR COMMUNITIES

City/Town/County

New York County

1. Manhattan

Bronx County

2. Bronx

Westchester County

3. Yonkers

4. Greenburgh

5. Mount Pleasant

6. Ossining

7. Cortlandt

8. Peekskill

Putnam County

9. Philipstown

City/Town/County

Dutchess County

10. Fishkill

11. Beacon

12. Wappinger

13. Poughkeepsie

14. Hyde Park

15. Rhinebeck

16. Red Hook

Columbia County

17. Clermont

18. Germantown

19. Livingston

20. Greenport

21. Hudson

22. Stockport

23. Stuyvesant

Page I-437
24. New Baltimore Adjoins on other side of track

Albany County

25. Coeymans Adjoins on other side of track

26. Schodack

27. Bethelem Adjoins on other side of track

28. East Greenbush

29. Rennselaer

30. Albany

31. Colonie

Schenecdaty County

32. Rotterdam

33. Schenectady

34. Glenville

Montgomery County

35. Amsterdam

36. Florida Adjoins on other side of track

37. Glen Adjoins on other side of track

38. Mohawk

39. Root Adjoins on other side of track

40. Canajoharie Adjoins on other side of track

41. Palatine

42. Minden Adjoins on other side of track

43. St Johnsville

Herkimer County

44. Danube Adjoins on other side of track

45. Manheim

46. Little Falls

47-48. Herkimer/German Flats German Flats adjoins on other side of track

49-50. Frankfort/Schuyler

Oneida County

51. Utica

South of Track

North of Track

52. Whitestown

53. Marcy Adjoins on other side of track

Page I-438
South of Track

North of Track

54. Rome

South of Track

North of Track

55. Verona

South of Track

North of Track

56. Westmoreland Adjoins on other side of track

Madison County

57. Oneida

South of track

North of Track

58. Lenox

South of track

North of Track

59. Sullivan

Onondaga County

60. Manlius

61. De Witt

62. Salina

63. Syracuse

64. Geddes

65. Camillus

66. Van Buren

67. Elbridge

Cayuga County

68. Brutus

69. Mentz

70. Montezuma

Wayne County

71. Savannah

72. Galen

73. Lyons

74. Arcadia

75. Palmyra

76. Macedon

Page I-439
Monroe County

77. Perinton

78. Pittsford

79. Brighton

80. Penfield

81. Rochester

82. Gates

83. Penfield

84. Riga

85. Chili

86. East Rochester

Genesee County

87. Bergen

88. Byron

89. Stafford

90. Batavia

91. Genesee (City)

92. Pembroke

93. Darien

Erie County

94. Alden

95. Lancaster

96. Cheektowaga

97. Buffalo

98. Tonawanda

Niagara County

99. North Tonawanda

100. Wheatfield

101. Niagara

102. Niagara Falls

Page I-440
Appendix I – Agency Correspondence Tier 1 Draft EIS 

4.2 Agency Information Responses

Index of Agency Information Responses

Ingmire, Scott, Director, Madison County Planning Department, “Empire Corridor EIS.” Email 

communication with Jeffrey O’Connell, HNTB Corporation, February 8, 2011.

McQueen, Joe, Director of Public Communications, Schenectady County, “Master Plan.” Email 

communication with Jeff O’Connell, HNTB Corporation, February 8, 2011.

Lilla, Sharon, Planning Director, Wayne County Planning, “Empire Corridor EIS.” Email 

communication with Jeff O’Donnell, HNTB Corporation, February 9, 2011.

Thapa, Jane, New York State Department of Health, Personal communication with Karen Kays, 

Pinyon Environmental, Inc., February 11, 2011.

Ozard, John, New York State Department of Environmental Conservation, Bureau of Wildlife, 

Wildlife Diversity Unit, “Request for Breeding Bird Atlas Data.“ Email communication with Karen 

Kays, Pinyon Environmental, Inc., March 3, 2011.

Salerno, Tara, “Empire Corridor GIS Request.” Email communication with Karen Kays, Pinyon 

Environmental, Inc., March 7, 2011.

Hay, Duncan, National Park Service, Northeast Region, “NYS DOT & FRA Compliance (NEPA).” Email 

communication with Addie Kim, HNTB Corporation, March 25, 2011. 

Colligan, Mary, Assistant Regional Administrator, Protected Resources Division, National Marine 

Fisheries Service, “High Speed Rail Empire Corridor Project (PIN S937.51.171).” Letter to Joseph 

Grilli, HNTB Corporation, March 30, 2011. 

Jacobson, Roy, New York State Department of Environmental Conservation, Landscape 

Conservation Section, Bureau of Habitat, “Wild and Scenic Rivers.” Email communication with 

Karen Kays, Pinyon Environmental, Inc., April 9, 2011.

Doran, Sandra, U.S. Fish and Wildlife Service, New York Field Office, “High Speed Rail Empire 

Corridor Project, PIN S937.51.171.” Letter to Joseph Grilli, HNTB Corporation, April 19, 2011.

Rebecca, David, New York State Department of Environmental Conservation, “Empire Corridor High 

Speed Rail.” Email communication with Karen Kays, Pinyon Environmental, Inc., May 2, 2011.

Kassof, Gary, Bridge Program Manager, First Coast Guard District, “High Speed Rail Project (PIN 

S937.51.171).” Letter to Joseph G. Grilli, P.E., HNTB Corporation, July 7, 2011. 

Chiarella, Lou, National Oceanic and Atmospheric Administration, “NOAA Fisheries Service 

Northeast Regional Office –Habitat Conservation Division – 978-281-9332.htm.” Email 

communication with Rosalie Wilson, Pinyon Environmental, Inc., October 18, 2011.

Labruzzo, Andy, New York State Department of State, Personal communication with Kevin Horgan, 

HNTB Corporation, January 4, 2012.

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page I-441
This page intentionally left blank. 
1

Sarah Walker

From: scott.ingmire@co.madison.ny.us

Sent: Tuesday, February 08, 2011 5:59 PM

To: Jeffrey O'Connell

Subject: Re: Empire Corridor EIS

Thanks Jeff, I appreciate it. 

Sent from my Verizon Wireless BlackBerry 

From: Jeffrey O'Connell <jdoconnell@HNTB.com> 

Date: Tue, 8 Feb 2011 15:16:51 -0600 

To: 'Scott Ingmire'<scott.ingmire@co.madison.ny.us> 

Subject: RE: Empire Corridor EIS 

Scott,

Thanks for getting back to me.  I would be happy to keep you apprised of the project.  We are in the early planning

stages so will keep you  posted as things develop.

Thanks again!!

Best regards

Jeff

From: Scott Ingmire [mailto:scott.ingmire@co.madison.ny.us] 

Sent: Tuesday, February 08, 2011 4:02 PM 

To: Jeffrey O'Connell 

Cc: Planning; Mark Scimone 

Subject: RE: Empire Corridor EIS 

Hello Jeff,

Though I’ve heard about the High Speed Rail project a bit in the press, to my knowledge there has been little

discussion of it here in Madison County.  I’ve attached our recently finalized Coordinated Transportation Plan,

which primarily deals with rural public transit.  I don’t know that we made any mention of rail (high speed or

otherwise) in the document, so it may not be of much use to you.  We lie between Syracuse and Utica and I

suspect we wouldn’t be served by any rail stops here, though citizens could certainly access the service via

terminals in those respective cities.  I’d welcome the opportunity to learn more about the project and how we

may be of assistance to you.   

Scott  

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

Scott Ingmire, Director

Madison County Planning Department  

Page I-443
2

PO Box 606  

Wampsville, NY 13163  

Phone 315‐366‐2498  

Fax 315‐366‐2742  

Home E‐mail = sgingmire@excite.com  

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

From: Jeffrey O'Connell [mailto:jdoconnell@HNTB.com] 

Sent: Tuesday, February 08, 2011 2:19 PM 

To: Planning 

Subject: Empire Corridor EIS

Scott,

  

I am working on the Empire Corridor EIS for Amtrak.  I wanted to ask if you could provide the status of the County master plan and

or transportation plan so I can determine if the county  supports High Speed Rail service anticipated on the EC.  Please call me if you

have any questions.

  

Thanks

  

Jeff

  

Jeffrey D. OConnell, AICP

HNTB Corporation

31 St. James Avenue

Boston, MA 02116

(Main) 617-542-6900 x 52241

(Cell) 781-733-5571

jdoconnell@hntb.com 

  

  

  

This e-mail and any files transmitted with it are confidential 

and are intended solely for the use of the individual or entity 

to whom they are addressed. 

If you are NOT the intended recipient or the person responsible for 

delivering the e-mail to the intended recipient, 

be advised that you have received this e-mail in error and that any use, 

dissemination, forwarding, printing or copying this e-mail is strictly 

prohibited.

Page I-444
1

Sarah Walker

From: John O'Connell

Sent: Tuesday, February 08, 2011 4:53 PM

To: Jeffrey O'Connell

Subject: FW: Master Plan

Meant for you , I believe ...

From: Joseph F. McQueen [mailto:joe.mcqueen@schenectadycounty.com] 

Sent: Tuesday, February 08, 2011 3:20 PM 

To: John O'Connell 

Subject: RE: Master Plan 

Thank you for visiting the Schenectady County website.  Schenectady County does not have an overall “Master

Plan.”  There are master plans for specific projects being undertaken, but no written general plan.  If you would like

something more specific, please let me know.

Joe McQueen 

Director of Public Communications 

Schenectady County 

(518) 388-4772 

(518) 388-4591 (fax) 

The information in this e-mail message and any attachment(s) hereto is intended for the confidential use of the intended addressee(s) only. The information is subject to 

all applicable rights of privilege and confidentiality including the attorney-client privilege and/or attorney work-product. Recipients should not file copies of this e-mail 

with publicly accessible records. If you are not an intended addressee or an authorized agent responsible for delivering this e-mail to an intended designated addressee, 

you have received this e-mail in error, and any further review, dissemination, distribution, copying or forwarding of this e-mail and/or attachment(s) is strictly 

prohibited. If you received this e-mail in error, please notify me at (518) 388-4772 and permanently delete the e-mail and any attachment(s) immediately. You should 

not retain, copy or use this e-mail or any attachment(s) for any purpose, nor disclose all or any part of the contents hereof to any other person.

From: No Reply 

Sent: Tuesday, February 08, 2011 4:04 PM 

To: feedback 

Subject: Digimaker e-Form submission: Feedback 

Sender Name : Jeff oConnell 

Sender Email : joconnell@hntb.com

Subject : Master Plan for County 

Feedback Type : Question 

Message : Can you please sene me a copy of your County Master Plan or the link to it on the Web. My phone is 

617-542-6900 x52241 

Thanks 

Jeff 

Response Req : No 

Page I-445
2

User: Guest (Id: 0) 

Sent: 2/8/2011 4:04:28 PM 

IP: 198.51.229.30 

Domain: 198.51.229.30 

Page I-446
1

Sarah Walker

From: PLAN- Lilla, Sharon <SLilla@co.wayne.ny.us>

Sent: Wednesday, February 09, 2011 10:52 AM

To: Jeffrey O'Connell

Subject: RE: Empire Corridor EIS

Dear Jeff, 

Preparation of the Wayne County Master Plan was suspended several years ago. However, Wayne County dies have a 

Strategic Plan for Economic Development. Just go to www.wedcny.org and click on the downloads link on the left hand 

side to find the plan. 

For over 20 years, Wayne County has been trying to establish an Amtrak Station in the Village of Lyons. Nearly $500,000 

has been spent in the preparation of plans with the hope that we could construct a station to serve the Finger Lakes 

Region. We are situated on the longest stretch of rail in the Empire Corridor without a station (90 miles between 

Rochester and Syracuse). Given the amount of work we have done to advance this project, we would like to be 

considered as a viable stop along the Empire Corridor. 

Sharon 

 

Sharon Lilla

Planning Director

Wayne County Planning

9 Pearl St. Lyons NY 14489

Phone: 315.946.5919

Fax: 315.946.7657

SLilla@co.wayne.ny.us

 

Go Green! Print this email only when necessary. Thank you for helping the County of Wayne be environmentally responsible.

CONFIDENTIAL NOTICE 

This transmission, including any attachments, is for the sole use of the intended recipient(s) or entity named above and may contain confidential and 

privileged information. If you received this and are not the intended recipient(s), you are hereby notified that any disclosure, copying, unauthorized 

distribution or the taking of any action in reliance on the contents of this information is prohibited. If you have received this transmission in error, please 

immediately contact the sender as indicated above to arrange the proper handling of the information.

 

From: Jeffrey O'Connell [mailto:jdoconnell@HNTB.com] 

Sent: Tuesday, February 08, 2011 2:01 PM 

To: PLAN- Lilla, Sharon 

Subject: Empire Corridor EIS

Hi Sharon,

  

I spoke to your assistant today and asked about the status of the Wayne County Master Plan.  I am identifying plans that will discuss

High Speed Rail Service along the CSX line.  Let me know if you can direct me to a website for this.

  

Page I-447
2

Thanks

  

Jeff

  

Jeffrey D. OConnell, AICP

HNTB Corporation

31 St. James Avenue

Boston, MA 02116

(Main) 617-542-6900 x 52241

(Cell) 781-733-5571

jdoconnell@hntb.com 

  

  

  

This e-mail and any files transmitted with it are confidential 

and are intended solely for the use of the individual or entity 

to whom they are addressed. 

If you are NOT the intended recipient or the person responsible for 

delivering the e-mail to the intended recipient, 

be advised that you have received this e-mail in error and that any use, 

dissemination, forwarding, printing or copying this e-mail is strictly 

prohibited.

Page I-448
Page I-449
1

Matt Santo

Subject: FW: Request for Breeding Bird Atlas Data

From: John Ozard [mailto:jwozard@gw.dec.state.ny.us] 

Sent: Thursday, March 03, 2011 9:21 AM 

To: Karen Kays 

Subject: Re: Request for Breeding Bird Atlas Data 

Karen, 

The Breeding Bird Atlas data may be downloaded from our ftp site. This is a Microsoft Access version of the original and 

second Breeding Bird Atlas, plus there is an ESRI Arc shape file that can be used in a GIS to plot the locations of the 

survey blocks. Please see the Readme.txt file for further information. 

 

ftp://ftp.dec.state.ny.us/dfwmr/wildlife/bba/

 

Sincerely, 

 

 

 

 

John W. Ozard, Leader 

Wildlife Diversity Unit 

NYSDEC Bureau of Wildlife 

625 Broadway 

Albany, NY 12233-4754 

518.402.8905 

jwozard@gw.dec.state.ny.us

>>> "Karen Kays" <Kays@pinyon-env.com> 2/10/2011 12:02 PM >>> 

Good Afternoon Mr. Ozard: 

I spoke with Katherine Barns and she thought you may be able to help me with the below request. 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad Administration 

(FRA), is beginning the environmental review process for the proposed New York State High Speed Rail Empire Corridor 

Project between Pennsylvania Station in New York City and Niagara Falls, New York. The corridor proceeds north from 

New York City through Albany and then turns west to Schenectady, passing through Syracuse, Rochester and Buffalo 

before terminating at Niagara Falls, a distance of 463 miles (Figure 1-attached). 

A Tier 1 Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act (NEPA) of 

1969 and the New York State Environmental Quality Review Act (SEQRA), is being completed to evaluate and 

document potential improvements and projects to intercity passenger rail service within the corridor. The projects 

identified in the Tier 1 EIS will be subject to detailed environmental review in Tier 2 project-level NEPA documents. 

In order to complete the Tier 1 EIS, the project team will be reviewing available data. At this time, we respectfully 

request any Geographic Information System data regarding breeding birds along or within 1⁄2 mile of the 463 mile 

corridor (Figure 1-attached). While geographic information systems (GIS) data is preferred, any mappable data your 

office could provide would be greatly appreciated. 

Page I-450
2

In addition, if it would be helpful, we can provide you with Shape files of the Project Centerline as well as the 1⁄2-mile 

buffer Project Area to overlay with your data. 

If you have any questions, please feel free to contact me. Thank you. 

Karen Carling Kays

Environmental Scientist

Pinyon Environmental, Inc. 

376 Broadway, Suite 210 

Saratoga Springs, NY 12866 

518.583.8012 tel 

518.691.8693 fax 

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

Page I-451
1

Matt Santo

Subject: FW: Empire Corridor GIS request

Attachments: nynhp_docgis_11n.doc; nynhp_EmpireCorridor_11.zip

From: Tara Salerno [mailto:tmsalern@gw.dec.state.ny.us] 

Sent: Monday, March 07, 2011 11:27 AM 

To: Karen Kays 

Cc: DBargovic@chacompanies.com; Nick Conrad; AKim@hntb.com

Subject: RE: Empire Corridor GIS request

Hi Karen,

Please find attached a zip file containing three shapefiles. The shapefiles contain locations of rare species and significant 

natural communities which are documented within 0.5 mile of the New York Power State Empire Corridor Project. In the 

shapefiles, each location is represented as a shape (one or more polygons). Some locations may have more than one 

overlapping shape, indicating more than one rare species or community occurs at that location. See the attached 

documentation, nynhp_docgis_11n.doc, for more details on interpreting these shapes and for definitions of the data 

fields. 

The shapefiles are in meters, UTM zone 18, NAD 83. 

The shapefile nynhp_EmpireCorridor_species_11 contains records of rare plants and rare animals last documented 

since 1980, and for which relatively precise locations are known. 

The shapefile nynhp_EmpireCorridor_potential_11 contains records of rare plants and rare animals either last 

documented before 1980 (historical records), and/or records for which precise or relatively precise locations are not 

known. For historical records, there is no recent information and their current status is unknown. If appropriate habitat 

for these plants or animals is present, it is possible they may still be present. 

The shapefile nynhp_EmpireCorridor_comms_11 contains records of significant natural communities. Natural 

community occurrences in this shapefile are all ranked as being of excellent or good quality, and/or are considered 

significant from a statewide perspective. By meeting specific, documented criteria, the NY Natural Heritage Program 

considers these occurrences to have high ecological and conservation value. 

Please note: In addition to the rare species provided in the shapefiles the following species have been documented 

within the given distances from the project site. These species are known to move the indicated distances and so 

potentially may be found near the project site at some time. 

1. Indiana bats (Myotis sodalis) have been documented within 2 miles of the project site and occur in the following 

counties & towns: 

Onondaga – Manlius

2. Timber rattlesnakes (Crotalus horridus) have been documented within 1.5 miles of the project site in the following 

counties & towns: 

Putnam – Philipstown

For descriptions of each of the ecological community types, please go to http://www.dec.ny.gov/animals/29384.html

and click on DRAFT Ecological Communities of New York State. More detailed information about many of the natural 

community types in New York, including identification, dominant and characteristic vegetation, distribution, 

conservation, and management, is available online in Natural Heritage's Conservation Guides at www.acris.nynhp.org. 

More detailed information about many of the rare and listed animals and plants in New York, including biology, 

identification, habitat, conservation, and management, are available online in Natural Heritage's Conservation Guides at 

www.acris.nynhp.org, from NatureServe Explorer at http://www.natureserve.org/explorer, from NYSDEC at 

Page I-452
2

http://www.dec.ny.gov/animals/7494.html (for animals), and from USDA's Plants Database at 

http://plants.usda.gov/index.html (for plants). 

Please confirm that you have received the data and let me know if you have any questions. 

Thanks, 

Tara 

Tara Salerno 

Environmental Review Specialist 

NY Natural Heritage Program 

625 Broadway, 5th Floor 

Albany, NY 12233-4757 

Office: 518-402-8926 

Fax: 518-402-8925 

tmsalern@gw.dec.state.ny.us 

>>> "Karen Kays" <Kays@pinyon-env.com> 3/7/2011 11:08 AM >>> 

Hi Tara, 

Attached is the data share agreement from HNTB and I sent you the one from Pinyon on Friday so, we should be all 

set. Please let me know if you require any further information. Thanks again for all of your assistance with this process. 

Karen Carling Kays

Environmental Scientist

Pinyon Environmental, Inc. 

376 Broadway, Suite 210 

Saratoga Springs, NY 12866 

518.583.8012 tel 

518.691.8693 fax 

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

From: Tara Salerno [mailto:tmsalern@gw.dec.state.ny.us] 

Sent: Tuesday, March 01, 2011 4:09 PM 

To: Karen Kays 

Cc: DBargovic@chacompanies.com; AKim@hntb.com

Subject: RE: Empire Corridor GIS request

Hi Karen, 

I just wanted to let you know I received a signed data sharing agreement from CHA. As soon as I receive one from you 

and from HNTB I will send along the Heritage data. 

Thanks, 

Tara

Tara Salerno 

Environmental Review Specialist 

Page I-453
3

NY Natural Heritage Program 

625 Broadway, 5th Floor 

Albany, NY 12233-4757 

Office: 518-402-8926 

Fax: 518-402-8925 

tmsalern@gw.dec.state.ny.us 

>>> "Karen Kays" <kays@pinyon-env.com> 2/11/2011 10:33 AM >>> 

Hi Tara, 

Attached are the shape files of the corridor centerline and the 1⁄2 mile project area buffer. I’m copying Matt Santo on 

this email, he handles our GIS and can answer any questions that you might have. The data sharing agreement is to 

follow. Thanks! 

Karen Carling Kays

Environmental Scientist

 

Pinyon Environmental, Inc. 

376 Broadway, Suite 210 

Saratoga Springs, NY 12866 

518.583.8012 tel 

518.691.8693 fax 

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

From: Tara Salerno [mailto:tmsalern@gw.dec.state.ny.us] 

Sent: Tuesday, February 08, 2011 2:24 PM 

To: Karen Kays 

Cc: Nick Conrad 

Subject: RE: Empire Corridor GIS request 

Hi Karen, 

As discussed on the phone, as part of receiving data in digital format from the NY Natural Heritage Program, we ask 

that you also agree to and sign a data sharing agreement. A draft agreement is attached. If there are any provisions 

that raise concerns or questions for you, please let me know. If the provisions are acceptable, let me know that by email, too, and return a signed copy to me in the mail or by e-mail (scanned in signed copy). Upon hearing that the 

agreement is acceptable, we will prepare shapefiles of the locations of rare animals, rare plants, and significant natural 

communities which are documented in the NY Natural Heritage databases as occurring in the New York State Empire 

Corridor. 

 

Let me know if you have any questions. 

 

Thanks, 

Tara 

 

 

Tara Salerno 

Environmental Review Specialist 

NY Natural Heritage Program 

625 Broadway, 5th Floor 

Albany, NY 12233-4757 

Office: 518-402-8926 

Fax: 518-402-8925 

tmsalern@gw.dec.state.ny.us Page I-454
4

>>> "Karen Kays" <kays@pinyon-env.com> 2/8/2011 1:34 PM >>> 

Hi Tara, 

A few more questions. 

1. Does your program handle the Hudson River Superfund Site? It appears from the NYSDEC website that it 

does but, I’m not 100% certain. I need to find hazardous waste information for the site..any ideas who to 

contact about that? 

2. Also, I know you mentioned that you have record of significant natural communities but, to your knowledge, 

does the state have records of just plain natural communities? Thanks for your help. 

Karen Carling Kays

Environmental Scientist

 

Pinyon Environmental, Inc. 

376 Broadway, Suite 210 

Saratoga Springs, NY 12866 

518.583.8012 tel 

518.691.8693 fax 

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

From: Tara Salerno [mailto:tmsalern@gw.dec.state.ny.us] 

Sent: Tuesday, February 08, 2011 11:10 AM 

To: Karen Kays 

Cc: Nick Conrad 

Subject: Empire Corridor GIS request 

Hi Karen, 

The best thing to do is e-mail me a shapefile of your project area. Also, please give me a call at 518-402-8926 so we 

can discuss your project. Then I can discuss with my supervisor what is the best way to provide data to you. 

Thanks. 

Tara 

 

 

Tara Salerno 

Environmental Review Specialist 

NY Natural Heritage Program 

625 Broadway, 5th Floor 

Albany, NY 12233-4757 

Office: 518-402-8926 

Fax: 518-402-8925 

tmsalern@gw.dec.state.ny.us 

>>> John Schmid 2/8/2011 6:59 AM >>> 

KarenI am copying Nick Conrad (Information Resources Coordinator) on this reply. He should be able to assist you with your 

non-standard request. 

-John 

 

 

~~~~~~~~~~~~~~~~~~~~~~~ 

John J. Schmid, GISP 

GIS Specialist 

New York Natural Heritage Program 

Page I-455
5

625 Broadway, 5th Floor 

Albany, New York 12233-4757 

518.402.8930 

~~~~~~~~~~~~~~~~~~~~~~~ 

>>> "Karen Kays" <Kays@pinyon-env.com> 2/7/2011 3:05 PM >>> 

Hi John, 

Pinyon Environmental, Inc. is working as part of the project team for the New York State Empire Corridor, Tier I 

EIS. We plan to submit a formal request for GIS information to your agency. However, I see on your website that 

certain items such as topo maps, counties and cities in the project boundary, etc. are to be included in the information 

request and that we should contact your agency for larger geographic area information requests. Our project area is a 

463-mile long corridor. Could you provide me with information on how to proceed with our request? Thank you! 

Karen Carling Kays

Environmental Scientist

 

Pinyon Environmental, Inc. 

376 Broadway, Suite 210 

Saratoga Springs, NY 12866 

518.583.8012 tel 

518.691.8693 fax 

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

Page I-456
1

Sarah Walker

From: Duncan_Hay@nps.gov

Sent: Friday, March 25, 2011 4:51 PM

To: Addie Kim

Cc: Nigel_Shaw@nps.gov

Subject: RE: NYS DOT & FRA compliance (NEPA)

Attachments: National Parks and Recreation Areas.doc; Corridor Map_July 28 2010 (2).pdf

Fort Stanwix National Monument, Rome (FOST), Oneida County, NY, 15.52 acres, is an NPS unit within 1,000' of the

Rome Amtrak Station.

Theodore Roosevelt Inaugural NHS (THRI), Buffalo, Erie County, 1.03 acres, may be within 1,000' of the Niagara Falls spur

(depending on which of the three active rail routes you use through Buffalo).

Montezuma NWR is more than 1,000' from the NY Central/Conrail/CSX ROW

Women's Rights NHS, Seneca Falls & Waterloo, Seneca County, NY is more than 1,000' away as is Martin Van Buren NHS,

Kinderhook, Columbia County.

As you already know, your line runs through Roosevelt‐Vanderbilt NHS at two locations in Hyde Park, Dutchess County.

You'll have to check the distances from your alignment to General Grant NM (Grant's Tomb), Hamilton Grange NM, and

Theodore Roosevelt Birthplace NM, and Saint Paulls NHS in Mount Vernon which are all NPS units administered by

Manhatten Sites. Other units of Manhatten Sites (Castle Clinton and Federal Hall are at the southern tip of the island,

well outside the 1,000'

zone.

You should also check with the Bureau of Indian Affairs (BIA).  the Tuscarora Reservation, Niagara County; Tonawanda

Seneca Reservation, Erie and Orleans Counties; Onondaga reservation, Onondaga County; and Oneida Reservation,

Madison County are all outside the 1,000' zone but within 1‐5

miles of the ROW.   BIA recently designated trust land for the Seneca

Nation of Indians (Cattaragus) in the cities of Buffalo, Erie County and Niagara Falls, Niagara County and the Cayuga,

Oneida, and Mohawk Nations have active land claims suits that include portions of your corridor.

BIA's Eastern Regional Office is in Chattanooga, TN.  I don't know anyone there anymore.  My principal contact died last

weekend, so you'll have to make a cold call.

We have GIS data for the Erie Canalway NHC boundary and are refining datalayers for the NYS Canal System as part of a

National Register District nomination that we expect to complete by September.  We got most everything else from the

NYS GIS Clearinghouse.

NY‐SHPO has been refining point and area data for NHL and National Register sites and districts.  Their data is much

more accurate than that from the NPS NHL and NR databases.

_______________________________________________

Duncan Hay

National Park Service, Northeast Region

Erie Canalway National Heritage Corridor

15 State Street

Page I-457
2

Boston, MA 02109‐3572

TEL:   617‐223‐5056

FAX:   617‐223‐5164

                                                                            

             Addie Kim                                                      

             <AKim@HNTB.com>                                                

                                                                        To  

             03/25/2011 01:31          "Nigel_Shaw@nps.gov"                 

             PM                        <Nigel_Shaw@nps.gov>                 

                                                                        cc  

                                       "Deb_DiQuinzio@nps.gov"              

                                       <Deb_DiQuinzio@nps.gov>,             

                                       "'duncan_hay@nps.gov'"               

                                       <duncan_hay@nps.gov>,                

                                       "James_Farrell@nps.gov"              

                                       <James_Farrell@nps.gov>, Joe Grilli  

                                       <JGRILLI@HNTB.com>, 'Molly           

                                       McDonald' <MMcdonald@akrf.com>       

                                                                   Subject  

                                       RE: NYS DOT & FRA compliance (NEPA)  

                                                                            

                                                                            

Hi Nigel,

Using existing web‐based mapping, our study area for parklands and recreation areas is 1,000 feet on either side of the

centerline of existing and proposed tracks (although GIS mapping will extend beyond this area for presentation graphics

purposes, which is why we are seeking GIS for areas beyond this).  The National parks, National Natural Landmarks,

Natural Heritage Areas, and Natural Historic Sites that we have identified within

1,000 feet of the project centerline are described below and in the attached write‐up (note this list does not include

National Historic Landmarks being addressed as part of Cultural Resource Investigations):

o            Hudson River Valley National Heritage Area

o            Erie Canalway National Heritage Area

o            Niagara Falls National Heritage Area, including the community

of Niagara Falls at the western end of the Niagara Branch railroad.

Name‐County                                Acreage within 2,000‐foot‐wide

study area

Vanderbilt Mansion National Historic Site‐Dutchess

Page I-458
3

143

Franklin D Roosevelt Home National Historic Site‐Dutchess          82

Federal Land within Hudson Highlands State Park        ‐Putnam

0.4

Moss Island National Natural Landmark‐Herkimer

15

Montezuma National Wildlife Refuge‐Wayne

  557

If we have missed something within the 2,000‐foot wide study area centered on the railroad, please advise.  We are

interested in GIS mapping for the broader area for mapping/graphics presentation purposes.

Best regards,

Addie

________________________________________

From: Nigel_Shaw@nps.gov [Nigel_Shaw@nps.gov]

Sent: Friday, March 25, 2011 12:52 PM

To: Addie Kim

Cc: Deb_DiQuinzio@nps.gov; 'duncan_hay@nps.gov'; James_Farrell@nps.gov; Joe Grilli; 'Molly McDonald'

Subject: NYS DOT & FRA compliance (NEPA)

Hi Addie,

      This could concern quite a few National Parks and affiliated areas and I cannot say which are really within 1/2 mile of

the corridor.  Is it safe to assume that this is also equal to 1/2 mile from the railroad tracks?  I think it will be best on our

end to have someone in the NPS Planning & Compliance Division determine whether the given park is w/in the area of

interest as defined in your official request so I will forward this along to Terry Moore, Chief of P&C, for his consideration.

Please let me know if you do not hear from someone else regarding this within your timeframe and I will follow up if

necessary.

best wishes,

Nigel

National Parks of New York Harbor (Manhattan Sites) Home of FDR / Eleanor Roosevelt NHS / Vanderbilt Mansion

Martin Van Buren NHS Fort Stanwix NHS Women's Rights NHP Susan B. Anthony NHS Thomas Cole NHS Hudson River

Valley NRA Kate Mullany NHS Erie Canalway NHC Theodore Roosevelt Inaugural NHS Niagara Falls NHA

~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~

Nigel Shaw

GIS Coordinator, Northeast Region

National Park Service

office (617) 223‐5065

cell (617) 797‐4569

fax (617) 223‐5097

Addie Kim

<AKim@HNTB.com>

Page I-459
4

                                                                        To

             03/24/2011 01:05          "'Nigel_Shaw@nps.gov'"

             PM                        <Nigel_Shaw@nps.gov>,

                                       "Deb_DiQuinzio@nps.gov"

                                       <Deb_DiQuinzio@nps.gov>,

                                       "'duncan_hay@nps.gov'"

                                       <duncan_hay@nps.gov>

                                                                        cc

                                       "James_Farrell@nps.gov"

                                       <James_Farrell@nps.gov>, Joe Grilli

                                       <JGRILLI@HNTB.com>, 'Molly

                                       McDonald' <MMcdonald@akrf.com>, Joe

                                       Grilli <JGRILLI@HNTB.com>

                                                                   Subject

                                       RE: Fw: requested info re Hart's

                                       Woods NNL

Greatly appreciate your assistance in this matter.  Yes, the Empire Corridor extends 463 miles from New York City north

to Albany, then west to Buffalo and Niagara Falls.  Please refer to formal information request below and attached map:

____________________________________________________________________

Dear Sir/Madam:

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad Administration

(FRA), is beginning the environmental review process for the proposed New York State High Speed Rail Empire Corridor

Project between Pennsylvania Station in New York City and Niagara Falls, New York.  The corridor proceeds north from

New York City through Albany and then turns west to Schenectady, passing through Syracuse, Rochester and Buffalo

before terminating at Niagara Falls, a distance of 463 miles (Figure 1).

A Tier 1 Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act (NEPA) of 1969

and the New York State Environmental Quality Review Act (SEQRA), is being completed to evaluate and document

potential improvements and projects to intercity passenger rail service within the corridor.  The projects identified in the

Tier 1 EIS will be subject to detailed environmental review in Tier 2 project‐level NEPA documents.

In order to complete the Tier 1 EIS, the project team will be reviewing available data.  At this time, we respectfully

request any Geographic Information System data regarding national heritage areas, parks, and national historic sites

(and National Historic Landmarks) along or within 1⁄2 mile of the 463 mile corridor (Figure 1).  Any information on sites

that have received Land and Water Conservation Funding would be of interest.

While geographic information systems (GIS) data is preferred, any mappable data your office could provide would be

greatly appreciated.

If you have any questions, please feel free to contact me.

Page I-460
5

Best regards,

Addie

Addie Kim

Senior Environmental Planner

HNTB Corporation

31 St. James Avenue, Suite 300

Boston, MA   02116

Tel (617) 532‐2326

Fax (617) 428‐6905

‐‐‐‐‐Original Message‐‐‐‐‐ 

From: Nigel_Shaw@nps.gov [mailto:Nigel_Shaw@nps.gov]

Sent: Thursday, March 24, 2011 12:50 PM

To: Deb_DiQuinzio@nps.gov

Cc: Addie Kim; James_Farrell@nps.gov

Subject: Re: Fw: requested info re Hart's Woods NNL

Hi Deb,

      The Empire Corridor sounds like it is in NY state (and Wikipedia confirms).  Duncan Hay manages the mapping for the

Erie Canal National Heritage Corridor, which appears to be roughly coincident with much of the e‐w stretch of the

Empire Corridor.  Duncan can be reached via email:

Duncan_Hay@nps.gov    or by phone at (617) 223‐5056.

Nigel

~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~

Nigel Shaw

GIS Coordinator, Northeast Region

National Park Service

office (617) 223‐5065

cell (617) 797‐4569

fax (617) 223‐5097

Deb

DiQuinzio/Boston/

NPS                   To

James Farrell/PHILADELPHIA/NPS@NPS,

03/24/2011 11:56   Nigel Shaw/Boston/NPS@NPS

AM   cc

AKim@HNTB.com

         Subject

Fw: requested info re Hart's Woods

NNL

Page I-461
6

Hi James and Nigel,

Could one of you direct Addie to where she may obtain GIS data for other NPS interests within the Empire Corridor

project area in NY?

Thanks,

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 

Deb DiQuinzio

National Natural Landmarks Program

NPS Northeast Region

(617) 223‐5064

http://www.nature.nps.gov/nnl

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 

‐‐‐‐‐ Forwarded by Deb DiQuinzio/Boston/NPS on 03/24/2011 11:53 AM ‐‐‐‐‐ 

             Addie Kim

             <AKim@HNTB.com>

                                                                        To

             03/10/2011 01:31          "'Deb_DiQuinzio@nps.gov'"

             PM                        <Deb_DiQuinzio@nps.gov>

                                                                        cc

                                       Joe Grilli <JGRILLI@HNTB.com>,

                                       Kathleen Roy <kroy@HNTB.com>

                                                                   Subject

                                       RE: requested info re Hart's Woods

                                       NNL

Thanks Deb!

The other site of particular interest is Moss Island.  Other that may be in our vicinity (but difficult to confirm) are Bergen‐

Byron Swamp, Zurich Bog, Round Lake, and Montezuma Marshes.

If you could please provide a National Park Service GIS contact that we could obtain other NPS mapping from, it would

be much appreciated.

Thanks very much!

Page I-462
7

Addie

Addie Kim

Senior Environmental Planner

HNTB Corporation

31 St. James Avenue, Suite 300

Boston, MA   02116

Tel (617) 532‐2326

Fax (617) 428‐6905

‐‐‐‐‐Original Message‐‐‐‐‐ 

From: Deb_DiQuinzio@nps.gov [mailto:Deb_DiQuinzio@nps.gov]

Sent: Thursday, March 10, 2011 1:23 PM

To: Addie Kim

Subject: requested info re Hart's Woods NNL

Hello Addie,

Here is the jpg boundary map for Hart's Woods, and also the one‐page brief that describes the site's significance.  If you

require this type of info for any other specific NNL sites, please let me know.  More soon...

(See attached file: Hart's Woods.doc)(See attached file: harts woods.jpg)

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 

Deb DiQuinzio

National Natural Landmarks Program

NPS Northeast Region

(617) 223‐5064

http://www.nature.nps.gov/nnl

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 

This e‐mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity

to whom they are addressed.

If you are NOT the intended recipient or the person responsible for delivering the e‐mail to the intended recipient, be

advised that you have received this e‐mail in error and that any use, dissemination, forwarding, printing or copying this

e‐mail is strictly prohibited.

[attachment "Corridor Map_July 28 2010 (2).pdf" deleted by Nigel Shaw/Boston/NPS] (See attached file: National Parks

and Recreation Areas.doc)(See attached

file: Corridor Map_July 28 2010 (2).pdf)

Page I-463
Niagara Falls

Buffalo-Exchange

Buffalo-Depew

Rochester

Syracuse

Rome

Utica

Amsterdam

Schenectady

Albany-Rensselaer

Hudson

Rhinecliff

Poughkeepsie

Yonkers

New York Penn Station

CrotonHarmon

86

86

90

90

81

81

Essex

Erie

St Lawrence

Lewis

Franklin

Hamilton

Ulster

Oneida

Steuben

Herkimer

Clinton

Delaware

Otsego

Jefferson

Suffolk

Warren

Sullivan

Oswego

Allegany

Orange

Cattaraugus

Cayuga

Tioga

Saratoga

Broome

Ontario

Chautauqua

Dutchess

Wayne

Greene

Monroe

Chenango

Fulton

Madison

Albany

Onondaga

Columbia

Niagara

Yates

Wyoming

Livingston

Schoharie

Cortland

Genesee

Tompkins

Orleans

Chemung

Schuyler

Montgomery

Putnam

Washington

Rensselaer Seneca

Westchester

Nassau

Rockland

Kings

Bronx

Richmond

New York

CDTC

HOCTS

GTC

UCTC

NYMTC

GBNRTC

GBNRTC

OCTC

SMTC

NYMTC

PDCTC

81

91

86

89

87

93

78

495 390

476

395

99

287

276

180

190

279

176

691

376

495

293

291

283

78

80

290

287

84

84

287

79 80

76

88

195

295

380

90

90

86

87

84

84

Legend

Owner

Amtrak

CSX Transportation

Metro-North Railroad

Empire Corridor

Intercity Passenger Stations

Amtrak Station

Metro North Station

MPO Boundaries July 28, 2010

CDTC - Capital District Transportation Committee

GBNRTC - 

GTC - 

HOCTS - 

NYMTC - 

OCTC - 

PDCTC - 

SMTC - 

UCTC - 

Greater Buffalo-Niagara Regional Transportation Council

Genesee Transportation Council

Herkimer-Oneida Counties Transportation Study

New York Metropolitan Transportation Council

Orange County Transportation Council

Poughkeepsie-Dutchess County Transportation Council

Syracuse Metropolitan Transportation Council

Ulster County Transportation Council

Metropolitan Planning Organization (MPO) Acronyms
a. National Parks and Recreation Areas

There are several types of federally designated parks or recreation areas, including National Heritage 

Areas, National Natural Landmarks, National Wildlife Refuges, and National Historic Sites. National 

Historic Landmarks and National Register Historic Districts in the project area are addressed under 

Section *. 

• National Heritage Areas: Congress established National Heritage Areas to promote historic

preservation and an appreciation of the history and heritage of the designated site. National Heritage

Areas are not federally owned or managed, but are administered by state or local governments or

non-profit or private corporations, with the National Park Service providing an advisory role. The

Empire Corridor traverses through three National Heritage Areas:

o Hudson River Valley National Heritage Area: The Hudson River Valley National Heritage

Area was designated by Congress in 1996 and extends from New York City north to Albany,

along the Empire Corridor South. The heritage of the region dates back to the Revolutionary

War, with several National Historic Landmarks and historic districts, estates of well-known

historical figures, scenic parks, and gardens.

o Erie Canalway National Heritage Area: The Erie Canalway National Heritage Area includes

the Erie Canal system (Erie, Champlain, Oswego, and Cayuga-Seneca Canals) that extends

through upstate New York, along most of the central and eastern portions of the Empire Corridor

West. The New York State Canal System is the most commercially enduring and historically

significant canal way in the United States. This waterway played a key role in turning New York

City into our country's most important center for commerce, industry, and finance.

o Niagara Falls National Heritage Area: Designated by Congress in 2008, the Niagara Falls

National Heritage Area stretches from the western boundary of Wheatfield, New York to the

mouth of the Niagara River on Lake Ontario, including the community of Niagara Falls at the

western end of the Niagara Branch. The region is home to natural wonders, rich cultural

traditions, and nationally significant historical sites.

• National Natural Landmark: The National Registry of Natural Landmarks includes nationally

significant geological and biological features. Only one-half of the National Natural Landmarks are

administered solely by public agencies, and nearly one-third are owned entirely by private parties.

Because many natural landmarks are privately owned and/or not managed for public access, owner

permission must be obtained prior to visitation. Designation in no way infers any right of public

access.

The only site within 1,000 feet of the project corridor is Moss Island, near Milepost 216 and Lock 17

on the Erie Canal in Little Falls, Herkimer County. Moss Island is part of an uplifted fault block of

ancient crystalline rock. It contains the best exposure of glacial age potholes eroded by meltwater

floods in the eastern United States. It was designated in 1976 and is owned by the state.

• National Wildlife Refuge: The National Wildlife Refuge System, managed by the U.S. Fish and

Wildlife Service, is the nation’s system of public lands and waters set aside to conserve fish, wildlife

and plants. Recreational wildlife-dependent uses permitted on some refuges include hunting and

fishing, wildlife observation, photography, environmental education, and interpretation.

Page I-465
The only national wildlife refuge within 1,000 feet of the project corridor is the Montezuma National 

Wildlife Refuge (at Mileposts 323 to 326) in Wayne County. The area known as the Montezuma 

Marshes once drew thousands of waterfowl making their annual fall migration. In 1938, the 

Montezuma NWR was formed to restore the wetland habitat with impoundments created by 

development of the Erie Canal, smaller feeder canals, and agricultural development. Today, the 

refuge consists of 10,000 acres, and accommodates recreational uses, including hunting that is 

restricted (on designated days only upon reservation to a limited number of individuals and groups). 

• National Historic Sites: Two National Historic Sites along the banks of the Hudson River in Hyde 

Park, Dutchess County are within the 1,000 foot buffer area. These sites are open to the public and 

are nationally important recreational tourism destinations: 

o Vanderbilt Mansion National Historic Site: The 50-room Classical-style mansion on 211 acres 

(near Milepost 80) was built in 1898. It was constructed by Frederick William Vanderbilt, a 

grandson of “Commodore” Cornelius Vanderbilt - the shipping and railroad magnate and richest 

man in America during his lifetime. Landscaped grounds feature a formal terraced garden, 

expansive lawns, carriage roads, and a three-mile-long riverside hiking trail. 

o Home of Franklin D. Roosevelt National Historic Site: This site covering more than 740 acres

(at Mileposts 77-78) was the birthplace, lifelong home, and burial place of Franklin Delano 

Roosevelt, America’s 32nd President. It was purchased by Roosevelt’s father in 1867, and, by 

1915, Franklin and his mother, Sara, had undertaken extensive renovations that included the 

addition of two large wings. The grounds that feature flower gardens, outbuildings, and miles of 

walking trails. The Rose Garden contains the graves of Franklin and Eleanor Roosevelt. 

Table 1 summarizes the publicly owned acreage within National Historic Sites, National Wildlife Refuge, 

and federal preserves within 1,000 feet of the project centerline.

Table 1—National Natural Landmark, Historic Sites, Wildlife Refuge, and Preserve within Study 

Area 

Name County Acreage within 2,000-

foot-wide study area 

Potential 

Section 4(f)

Vanderbilt Mansion National Historic Site Dutchess 143 x

Franklin D Roosevelt Home National Historic 

Site Dutchess 82 x 

Federal Land within Hudson Highlands State 

Park Putnam 0.4 x 

Moss Island National Natural Landmark Herkimer 15 x

Montezuma National Wildlife Refuge Wayne 557 x

Source: National Park Service, New York State GIS Clearinghouse

Page I-466

1

Matt Santo

Subject: FW: FW: Wild and Scenic Rivers

Attachments: WSRR - NY.zip

From: Roy Jacobson [mailto:rajacobs@gw.dec.state.ny.us] 

Sent: Tuesday, April 19, 2011 3:27 PM 

To: Karen Kays 

Subject: Re: FW: Wild and Scenic Rivers 

Karen, 

 

I'm sorry for not getting back to you sooner. I have many explanations, but no excuses. 

 

Here is a shape file that has all the WSRR sections (NYS designations and federal designations). NY state regulates a 

corridor surrounding the rivers that can be as much as a 1/2 on either side of the river. However, as you will see, there 

is nothing even close to the high speed rail corridor you sent me. Call me if you have any questions. 

 

Thanks for your patience and for the friendly reminder. 

JR 

 

Roy "JR" Jacobson 

NYS Department of Environmental Conservation 

Landscape Conservation Section 

Bureau of Habitat 

625 Broadway 

Albany, NY 12233-4756 

(518) 402-8853 

rajacobs@gw.dec.state.ny.us

>>> "Karen Kays" <kays@pinyon-env.com> 4/19/2011 10:46 AM >>> 

Hi JR, 

I just wanted to follow-up on the below request. Please let me know if there is any further information that you need 

for me or if there is another process that I should be going to in order to request this data. Thank you! 

Karen Carling Kays

Environmental Scientist

 

Pinyon Environmental, Inc. 

376 Broadway, Suite 210 

Saratoga Springs, NY 12866 

518.583.8012 tel 

518.691.8693 fax 

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

From: Karen Kays [mailto:kays@pinyon-env.com] 

Sent: Friday, February 11, 2011 11:39 AM 

Page I-468
2

To: 'Roy Jacobson' 

Cc: Matt Santo 

Subject: RE: Wild and Scenic Rivers 

Hi JR, 

The Shape files of the project centerline and 300 foot buffer are attached. Matt Santo handles our GIS data, he is 

copied on this email, in case you have any questions. 

A formal request letter will be mailed to your attention but, in the meantime, the text is included below: 

DATA REQUEST and PROJECT INFORMATION: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad Administration 

(FRA), is beginning the environmental review process for the proposed New York State High Speed Rail Empire Corridor 

Project between Pennsylvania Station in New York City and Niagara Falls, New York. The corridor proceeds north from 

New York City through Albany and then turns west to Schenectady, passing through Syracuse, Rochester and Buffalo 

before terminating at Niagara Falls, a distance of 463 miles (Figure 1-attached). 

A Tier 1 Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act (NEPA) of 

1969 and the New York State Environmental Quality Review Act (SEQRA), is being completed to evaluate and 

document potential improvements and projects to intercity passenger rail service within the corridor. The projects 

identified in the Tier 1 EIS will be subject to detailed environmental review in Tier 2 project-level NEPA documents. 

In order to complete the Tier 1 EIS, the project team will be reviewing available data. At this time, we respectfully 

request any Geographic Information System data regarding state wild and scenic rivers along or within a 300 feet of 

the 463 mile corridor (Figure 1 - attached). While geographic information systems (GIS) data is preferred, any 

mappable data your office could provide would be greatly appreciated. 

If you have any questions, please feel free to contact me. Thank you. 

Karen Carling Kays

Environmental Scientist

Pinyon Environmental, Inc. 

376 Broadway, Suite 210 

Saratoga Springs, NY 12866 

518.583.8012 tel 

518.691.8693 fax 

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

From: Roy Jacobson [mailto:rajacobs@gw.dec.state.ny.us] 

Sent: Thursday, February 10, 2011 12:10 PM 

To: Karen Kays 

Subject: RE: Wild and Scenic Rivers 

Karen, 

OK. Please send the shapefiles with your request. Thanks. 

Page I-469
3

JR 

>>> "Karen Kays" <kays@pinyon-env.com> 2/10/2011 11:46 AM >>> 

Hi JR, 

Thank you for the response and information. I am including some further information about the project below. I spoke 

with Katherine Barns this morning and she mentioned that you may be able to provide me with information on State 

Wild and Scenic Rivers along or within a 1⁄2 mile of the 463 mile corridor (Figure 1 - attached). If necessary, we can 

provide you with Shape files of the Project Centerline as well as the 1⁄2-mile buffer Study Area to overlay with your 

data. 

Please note, we will be also be sending you a formal letter request. 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad Administration 

(FRA), is beginning the environmental review process for the proposed New York State High Speed Rail Empire Corridor 

Project between Pennsylvania Station in New York City and Niagara Falls, New York. The corridor proceeds north from 

New York City through Albany and then turns west to Schenectady, passing through Syracuse, Rochester and Buffalo 

before terminating at Niagara Falls, a distance of 463 miles (Figure 1-attached). 

A Tier 1 Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act (NEPA) of 

1969 and the New York State Environmental Quality Review Act (SEQRA), is being completed to evaluate and 

document potential improvements and projects to intercity passenger rail service within the corridor. The projects 

identified in the Tier 1 EIS will be subject to detailed environmental review in Tier 2 project-level NEPA documents. 

In order to complete the Tier 1 EIS, the project team will be reviewing available data. At this time, we respectfully 

request any Geographic Information System data regarding state wild and scenic rivers along or within 1⁄2 mile of the 

463 mile corridor (Figure 1 - attached). While geographic information systems (GIS) data is preferred, any mappable 

data your office could provide would be greatly appreciated. 

If you have any questions, please feel free to contact me. Thank you. 

Karen Carling Kays

Environmental Scientist

 

Pinyon Environmental, Inc. 

376 Broadway, Suite 210 

Saratoga Springs, NY 12866 

518.583.8012 tel 

518.691.8693 fax 

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

From: Roy Jacobson [mailto:rajacobs@gw.dec.state.ny.us] 

Sent: Wednesday, February 09, 2011 9:23 AM 

To: Karen Kays 

Cc: Judy Stevens 

Subject: Fwd: Hudson River Superfund Site Question 

Karen, 

 

I got your phone message yesterday and I'm glad that you talked with Tara about information on rare things. If you 

want GIS information on state regulated freshwater wetlands you can find that at: 

Page I-470
4

http://cugir.mannlib.cornell.edu/

Please contact Judy Stevens, our freshwater wetlands mapping coordinator, if you have questions on the freshwater 

wetlands maps (I've copied her on this e-mail). Also, you can find other information at DEC's Environmental Resource 

Mapper 

http://www.dec.ny.gov/imsmaps/ERM/viewer.htm

Good luck.

JR 

Roy "JR" Jacobson 

NYS Department of Environmental Conservation 

Landscape Conservation Section 

Bureau of Habitat 

625 Broadway 

Albany, NY 12233-4756 

(518) 402-8853 

rajacobs@gw.dec.state.ny.us

>>> "Karen Kays" <Kays@pinyon-env.com> 2/8/2011 3:34 PM >>> 

Hi Steve, 

Tara Salerno from the Natural Heritage Program gave me your contact information and thought you might be able to 

help me. Pinyon is part of the project team assisting NYSDOT and FRA with the High Speed Rail Empire Corridor Tier I 

EIS project. Currently, we are assembling data for the 463-mile corridor. Are you the right person to contact regarding 

hazardous materials/substance data related to the Hudson River Superfund Site. At this point we are looking for GIS 

data so that we can conduct a review of existing conditions within the project buffer area. If you are not the correct 

person to contact regarding the process to request data, could you point me in the right direction? Thanks in advance 

for your help. 

Karen Carling Kays

Environmental Scientist

Pinyon Environmental, Inc. 

376 Broadway, Suite 210 

Saratoga Springs, NY 12866 

518.583.8012 tel 

518.691.8693 fax 

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

Page I-471
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1

Matt Santo

Subject: FW: FW: Empire Corridor High Speed Rail

Attachments: Corridor18.pdf; Corridor1.pdf; Corridor2.pdf; Corridor3.pdf; Corridor4.pdf; Corridor5.pdf; 

Corridor6.pdf; Corridor7.pdf; Corridor8.pdf; Corridor9.pdf; Corridor10.pdf; 

Corridor11.pdf; Corridor12.pdf; Corridor13.pdf; Corridor14.pdf; Corridor15.pdf; 

Corridor16.pdf; Corridor17.pdf; CorridorNeat3.pdf

From: David Rebecca [mailto:dxrebecc@gw.dec.state.ny.us] 

Sent: Monday, May 02, 2011 2:10 PM 

To: Karen Kays 

Cc: Robert Ewing 

Subject: Re: FW: Empire Corridor High Speed Rail

Hi Karen, 

My apologies for missing your phone call. I created GIS maps using the CEA data we have internally which is also public. 

Each CEA is also located on our website as well at: 

http://www.dec.ny.gov/permits/6184.html

The first map (All in PDF Format) is a neat map of the whole state with a legend, than I reduced the scale and made 

several maps for each area so that you can visually see the details. I hope this will work for your needs. Best regards 

and thanks for providing the shape file, 

David. 

>>> "Karen Kays" <Kays@pinyon-env.com> 4/28/2011 3:55 PM >>> 

Hi David, 

Below is the original request for information that I has sent to Bob. As you will see the attached documents are a 

general map of the corridor and shape files of the project centerline and half mile buffer. I left you a voice message 

but, I thought this might be a helpful first step in understanding our data needs. Please feel free to contact me at any 

time to discuss. Thank you. 

Karen Carling Kays

Environmental Scientist

Pinyon Environmental, Inc.

518.583.8012 tel

From: Karen Kays 

Sent: Friday, February 11, 2011 11:46 AM 

To: 'RLEWing@gw.edc.state.ny.us' 

Subject: Empire Corridor High Speed Rail 

Good Morning Mr. Ewing: 

Thank you for returning my phone call yesterday. Below is a description of the project and a request for data. Please 

note, this email will be followed by a formal mailed request. I’ve also attached shape files of the project centerline and 

1⁄2 mile buffer. 

Page I-473
2

PROJECT INFORMATION AND DATA REQUEST: 

The New York State Department of Transportation (NYSDOT), in cooperation with the Federal Railroad Administration 

(FRA), is beginning the environmental review process for the proposed New York State High Speed Rail Empire Corridor 

Project between Pennsylvania Station in New York City and Niagara Falls, New York. The corridor proceeds north from 

New York City through Albany and then turns west to Schenectady, passing through Syracuse, Rochester and Buffalo 

before terminating at Niagara Falls, a distance of 463 miles (Figure 1). 

A Tier 1 Environmental Impact Statement (EIS), in accordance with the National Environmental Policy Act (NEPA) of 

1969 and the New York State Environmental Quality Review Act (SEQRA), is being completed to evaluate and 

document potential improvements and projects to intercity passenger rail service within the corridor. The projects 

identified in the Tier 1 EIS will be subject to detailed environmental review in Tier 2 project-level NEPA documents. 

In order to complete the Tier 1 EIS, the project team will be reviewing available data. At this time, we respectfully 

request any Geographic Information System data regarding SEQR Critical Environmental Areas along or within a 1⁄2 

mile of the 463 mile corridor (Figure 1). While geographic information systems (GIS) data is preferred, any mappable 

data your office could provide would be greatly appreciated. 

If you have any questions, please feel free to contact me. Thank you. 

Karen Carling Kays

Environmental Scientist

 

Pinyon Environmental, Inc. 

376 Broadway, Suite 210 

Saratoga Springs, NY 12866 

518.583.8012 tel 

518.691.8693 fax 

518.222.6993 cell

Kays@pinyon-env.com

www.pinyon-env.com

Certified DBE in NY, CO, UT

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1

Matt Santo

Subject: FW: Emailing: NOAA Fisheries Service Northeast Regional Office - Habitat Conservation 

Division - 978-281-9332.htm

Attachments: NOAA Fisheries Service Northeast Regional Office - Habitat Conservation Division - 

978-281-9332.htm; ATT00001.htm; Lou_Chiarella.vcf; ATT00002.htm

From: Lou Chiarella <Lou.Chiarella@noaa.gov> 

Date: October 18, 2011 2:11:37 PM EDT 

To: Rosalie Wilson <wilson@pinyon-env.com> 

Subject: Emailing: NOAA Fisheries Service Northeast Regional Office - Habitat Conservation Division - 

978-281-9332.htm

Rosie, 

Here is our regional web site. Take a look at the links for Guide to 

EFH Designations, Guide to EFH Descriptions and Guide to EFH 

Consultations. 

Lou

Page I-501
RECORD OF TELEPHONE CALL

Job # 50377- NYS HSR Empire Corridor___ Date January 4, 2012_______________________

Call From Andy Labruzzo (518) 473-2460______ Of NYSDOS Division of Coastal Resources ___

Call To Kevin Horgan ___________________ Of HNTB______________________________

By Kevin Horgan ___________________

Subject Discussed Action to be Taken

Andy returned my call inquiring about the limits of 

the designated inland coastal waterways. I asked if 

there are any specific limits of the designation or if 

the entire river listed is considered a designated 

waterway and if the designation includes tributaries 

and outlets.

Response: 

In general, the entire waterway is considered part of 

the “designated waterway” and it does not include 

tributaries. However, the designation factor has no 

regulatory effect. Regulatory boundaries are 

determined at the local level through the local 

community’s participation in a Local Waterfront 

Revitalization Program (LWRP). If a single 

waterway enters through multiple communities, 

only those waterway sections in communities with a 

LWRP are regulated. The exception would be if 

there is a community that is participating in a 

LWRP that includes watershed planning that may 

extend to adjacent communities without a LWRP.

Andy mentioned that there is a plan to complete a 

watershed plan for all of the Mohawk River.

Andy suggested that we refer to the local LWRP’s to 

determine regulatory requirements for the 

NONE

Page I-502
Page 2 of 2 

waterways but he also noted that if we had a specific 

area or waterway within our project area, he could 

provide us with additional information for that 

specific area or waterway.

Page I-503
This page intentionally left blank. 
Appendix J CSXT and NYSDOT Agreements
This page intentionally left blank. 
Table of Contents Tier 1 Draft EIS 

Table of Contents

1. Framework Agreement Concerning Certain Rights and Responsibilities with Respect to New York

High Speed Rail ............................................................................................................................ J-1

2. Agreement for Processing a Tier 1 Environmental Impact Statement on the Empire Corridor.....J-7

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page i
This page intentionally left blank. 
Appendix I – Agency Correspondence Tier 1 Draft EIS 

1. Framework Agreement Concerning Certain Rights and Responsibilities 

with Respect to New York High Speed Rail

High Speed Rail Empire Corridor Program 

New York State Department of Transportation Page J-1
This page intentionally left blank. 
CSX TRANSPORTATION, INC. 

and

NEW YORK STATE DEPARTMENT OF TRANSPORTATION 

FRAMEWORK AGREEMENT CONCERNING CERTAIN RIGHTS AND 

RESPONSIBILITIES WITH RESPECT TO NEW YORK HIGH SPEED RAIL 

This Framework Agreement Concerning Certain Rights and Responsibilities with 

Respect to New York High Speed Rail (“Framework Agreement”) is entered into as of May 28, 

2010, by and between CSX TRANSPORTATION, INC. (“CSXT”), a Virginia corporation 

whose principal offices are located at 500 Water Street, Jacksonville, Florida, 32202, and the 

NEW YORK STATE DEPARTMENT OF TRANSPORTATION (“New York”), whose 

principal offices are located at 50 Wolf Road, Albany, NY 12205. 

Introduction and Purpose

1. This Framework Agreement is to set forth and memorialize the parties’ shared 

understanding with respect to certain essential elements of the planning and potential 

implementation of enhanced intercity or high speed passenger rail service (collectively referred 

to herein as “high speed intercity passenger rail service”) on or adjacent to property currently 

owned by CSXT in the State of New York. It is the intent of the parties to recognize the national 

goal of expanding high speed intercity passenger rail, consistent with CSXT’s legal and fiduciary 

responsibilities, and to cooperate fully in achieving that goal consistent with the Framework 

Agreement. 

2. This Framework Agreement articulates the principles for the future course of 

dealing between the parties concerning any implementation of high speed intercity passenger rail 

service in New York. 

3. With regard to the project described in the Agreement for Progressing a Tier 1 

Environmental Impact Statement (EIS) on the Empire Corridor, which is being executed 

simultaneously, this Framework Agreement is not intended to foreclose the EIS’s consideration 

of particular approaches. The EIS will provide a basis for determining alternatives, and by 

agreeing to progress the EIS, the parties are in no way committing to implementation of the 

project or binding themselves to any further steps concerning the project. That project and the 

projects identified in Attachment A are collectively referred to herein as “the Projects.” The 

parties agree that NYSDOT is progressing the ARRA high speed intercity passenger rail projects 

approved and funded by the Federal Railroad Administration and set forth in Attachment A, 

subject to the parties (and Amtrak, if applicable) entering into all necessary implementing project 

agreements. 

4. Specifically, this Framework Agreement identifies four core principles that are 

common to all freight and passenger rail interface in the United States. Those are safety, 

capacity, liability and compensation. This Framework Agreement acknowledges those issues, 

acknowledges that there is substantial precedent for resolving them and commits the parties to 

work cooperatively, consistent with law and precedent to do so if the Projects are undertaken. 

Page J-3
Safety, Capacity, Liability and Compensation

5. Safety. New York acknowledges that CSXT has current safety design guidelines 

for passenger trains operating on CSXT property at speeds higher than 90 mph between Buffalo 

and Hoffmans, NY that require a separated and dedicated track(s) for the passenger services 

constructed. New York further acknowledges that it will make every effort to follow CSXT’s 

guidelines, or to work with CSXT to put in place other system safety improvements that result in 

a level of safety equivalent to or better than current CSXT guidelines, provided that in all 

circumstances CSXT shall have the right to make the final determination as to safe uses of its 

property. Although CSXT is willing to explore exceptions to its current safety design guidelines, 

CSXT and New York agree that any such exceptions shall be limited in number and scope, and 

must be mutually agreed upon by the parties. Moreover, the parties acknowledge that research 

and rulemaking with respect to the interface of freight and high speed rail in the United States is 

under study and may evolve. In all cases, and notwithstanding any other provision of this 

Framework Agreement, CSXT will abide by legal standards and maintain sole discretion with 

respect to the safety and use of its property. 

6. Capacity. CSXT and New York acknowledge that CSXT, as a wholly-owned 

subsidiary of a public corporation, has the responsibility to solely determine the freight capacity 

that CSXT must retain to accommodate future operations. In making this determination, CSXT 

will take into account the results of the EIS, as well as the views of third parties, including, 

without limitation, the Federal Railroad Administration, the State of New York, Amtrak, the Port 

of New York/New Jersey and customers. 

7. Liability. New York acknowledges that if the Projects are implemented, CSXT 

will require adequate protections from potential liability arising from the operation of passenger 

rail service, consistent with law and precedent. 

8. Compensation. New York acknowledges that the CSXT corridor that is the 

subject of this Framework Agreement is today the single busiest on the CSXT network and has 

tremendous opportunity for additional freight demand, including from the expansion of the 

Panama Canal. Accordingly, the property that would be impacted by the Projects is among the 

most valuable freight corridors in the United States. New York acknowledges that it has a legal 

and constitutional obligation to justly compensate CSXT for any of its property rights acquired 

or used by New York, as well as for any diminishment in value of those rights to the extent 

permitted by law. 

Page J-4
This Agreement has the concurrence of the authorized officials of both parties as of the 

dates show below. 

CSX TRANSPORTATION, INC. 

Louis E. Renjel, Jr. 

Vice President, Strategic Infrastructure 

NEW YORK STATE DEPARTMENT OF TRANSPORTATION 

Stanley Gee

Acting Commissioner

Page J-5
ATTACHMENT A

1. HSR — The Albany-Schenectady Double Track (110 mph corridor as per FRA

grant application); 

2. Grade Crossing — The Highway-Rail Grade Crossing Safety Improvements,

CSXT Hudson Line; 

3. Station improvements — The Rochester Station Improvements;

4. Station improvements — The Buffalo-Depew Station Improvements; and

5. HSR — Phase I of the 3rd Track Initiative.

Page J-6
Appendix I – Agency Correspondence Tier 1 Draft EIS 

2. Agreement for Processing a Tier 1 Environmental Impact Statement on

the Empire Corridor

High Speed Rail Empire Corridor Program

New York State Department of Transportation

Page J-7
This page intentionally left blank. 
1

CSX TRANSPORTATION, INC. 

And 

NEW YORK STATE DEPARTMENT OF TRANSPORTATION 

AGREEMENT 

FOR PROGRESSING A 

TIER 1 ENVIRONMENTAL IMPACT STATEMENT ON THE EMPIRE CORRIDOR

This Agreement for Progressing an Environmental Impact Statement (“EIS Agreement”) 

is entered into as of May 28, 2010, by and between the NEW YORK STATE DEPARTMENT OF 

TRANSPORTATION (“NYSDOT” or “State”), whose principal offices are located at 50 Wolf 

Road, Albany, NY 12205, and CSX TRANSPORTATION, INC. ("CSXT"), a Virginia corporation 

whose principal offices are located at 500 Water Street, Jacksonville, Florida 32202. 

Explanatory Statement

A. The purpose of this EIS Agreement is to set forth principles of cooperation between the 

parties in connection with undertaking a Tier 1 Service Level National Environmental Policy 

Act (“NEPA”) Environmental Impact Statement (“EIS”) to consider the enhancement of high 

speed intercity passenger rail service between Niagara Falls, N.Y. and Albany, N.Y. with 

through or connecting service to Pennsylvania/Moynihan Station in New York City (“the 

Corridor”) and other possible destinations, consistent with preserving and growing the 

valuable freight service and opportunities of CSXT and its stakeholders with respect to its 

property. 

B. The EIS will provide a basis for determining alternatives with respect to the basic 

engineering, design, and environmental impacts of the project described above. Concurrent 

with the execution of this EIS Agreement, the parties are executing a Framework Agreement 

Concerning Rights and Responsibilities (“Framework Agreement”) that provides an overview 

of certain essential rights and responsibilities of the parties with respect to this project and 

others. 

C. New York State has a vital interest in delivering high speed intercity passenger rail to the 

Corridor and is dedicated to optimizing train speed in the Corridor in ways that will best 

serve the public’s need and desire for safe and reliable passenger rail service while at the 

same time supporting and growing the substantial public benefits of freight rail in New York. 

D. CSXT, as a wholly-owned subsidiary of a public corporation, has legal and fiduciary 

responsibilities to preserve and grow freight rail services and to maximize the safe and 

efficient uses of its property. 

E. NYSDOT is presently undertaking the development of a Tier 1 Service Level National 

Environmental Policy Act Environmental Impact Statement, with the Federal Railroad 

Administration (“FRA”) as the lead agency, to consider the enhancement of high-speed 

intercity passenger rail service on the Corridor including the introduction of enhanced 

operations on that portion of the Corridor between Albany-Rensselaer, Schenectady and 

Page J-9
2

Niagara Falls, New York (the “Empire Corridor West” or “ECW”). The EIS will study possible 

additions and/or enhancements to track and other infrastructure to allow for intercity 

passenger rail trains that are capable of traveling at maximum authorized speeds of at least 

110 miles per hour (“mph”) as defined by 49 U.S.C. section 26106(b)(4), as well as other 

enhancements. The parties recognize that the CSXT right of way within the Corridor is the 

single busiest on the CSXT network. As such, it is an essential part of an interdependent 

nationwide rail network and is among the most valuable freight routes in the United States. 

The parties recognize that the alternatives studied may require the acquisition of property 

rights from CSXT or others. As required by NEPA, the EIS will evaluate all reasonable 

alternatives including options that comply with CSXT’s design and safety standards, 

guidelines and policies for commingled passenger and freight operations, including the 

requirement of a separated and dedicated track for any passenger trains operating at 

speeds in excess of 90 mph, with a minimum of 30 feet measured from the center line of the 

freight track to the center line of the proposed passenger track. The EIS will also evaluate a 

no-build alternative, and will consider the substantial stakeholder interests in freight fluidity, 

including without limitation the interests of the Port of New York/New Jersey and the City of 

New York. In evaluating those alternatives that comply with CSXT’s design and safety 

standards, guidelines and policies, the parties understand that there may be places along 

the Corridor where meeting CSXT’s standards, guidelines and policies is not possible within 

CSXT’s existing right of way; therefore, the EIS will evaluate other options including, but not 

limited to: 

speed restrictions 

environmental mitigation 

exceptions to CSXT’s standards, guidelines and policies 

property acquisition 

F. The EIS will draw upon: (1) a market study of ridership demand for such services on the 

Corridor (the “Market Study”); (2) an operational analysis of the Corridor previously 

undertaken by NYSDOT and others for railroad operations between Schenectady, 

Poughkeepsie and New York, NY (the “Hudson Line Operational Analysis”), which resulted 

in the Hudson Line Corridor Rail Transportation Plan and its preferred scenario of capital 

improvements dated November 2005 (the “Hudson Line Study”); and (3) additional 

operational analysis of the Corridor between Schenectady and Niagara Falls, NY (the “ECW 

Operations Analysis”). The EIS, the Market Study and the ECW Operational Analysis are 

referred to collectively as the “Study”. 

G. CSXT, as the owner of much of the right of way within the scope of the Study, is willing to 

assist NYSDOT in connection with the Study, under the terms set forth by this EIS 

Agreement. 

H. The parties understand that the Study will form the basis for the development of a 

Transportation Investment Plan (“TIP”), to be prepared generally consistent with the 

guidance previously published by FRA entitled “Corridor Transportation Planning Guide.” 

The TIP will identify the infrastructure and/or operational improvements necessary to permit 

safe and reliable intercity passenger rail service consistent with the concomitant public 

interest in the preservation and enhancement of safe and reliable rail freight operations 

between Buffalo, N.Y. and Selkirk, N.Y. for both existing and future freight customers along 

the line and through freight service, including service to and from the Port of New York/New 

Jersey. The development of a TIP will be the subject of a further agreement between the 

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3

parties as to their roles and responsibilities. Negotiation of the TIP agreement will begin 

immediately upon the execution of this EIS Agreement. 

I. The parties understand that the National Railroad Passenger Corporation (“Amtrak”) 

provides intercity passenger rail service on the Corridor and will be a necessary participant 

in the undertaking of the Study. The negotiation of the TIP, including responsibility of 

operations and maintenance of capital improvements will include Amtrak. 

Section 1: General Matters

a. The provisions of this EIS Agreement shall not be determinative of the terms and

conditions of any further agreements between the parties as to the implementation of the

improvements or the rail service that are derived from the Study. The results of the

Study do not, and will not bind either party to any terms or conditions related to the

contemplated project, including any expansion of passenger rail operations or

infrastructure changes to CSXT's rail corridors. The parties acknowledge that further

studies may be necessary and desirable to the extent that the Study does not sufficiently

address the impact of rail service and/or the rail infrastructure enhancements required to

accommodate the same. NYSDOT and CSXT acknowledge and understand the

obligations contained in this EIS Agreement are limited to developing the Study, in

accordance with this EIS Agreement. This EIS Agreement creates no obligation on the

part of either party to otherwise pursue or advance any particular project or to enter into

any further agreements to advance such projects.

b. This EIS Agreement will commence on the date signed by the parties and terminate

when the Study is completed and accepted by the FRA. Either party may terminate its

participation in the Study by delivery of 30 days prior written notice to the other, stating

the reasons for such termination.

Section 2: NYSDOT Consultants and Subconsultants 

NYSDOT has secured the services of HNTB New York Engineering and Architecture, P.C., as 

well as sub-consultants Louis T. Klauder & Associates and W. F. Keeney & Associates at its 

sole expense (collectively, “NYSDOT Consultants”), to perform the Study and to develop 

alternatives that best meet the future needs of the users of the Corridor. The term of the 

NYSDOT – HNTB New York Engineering and Architecture, P.C. Railroad Retainer Agreement is 

3/01/2010 to 3/01/2015. It is expected that the Study will be completed in 2012. 

Section 3: Operations Analysis Parameters and Methodology. 

a. The objective of the Study’s ECW Operations Analysis is to provide a comprehensive

analysis of proposed alternatives for improving rail service on the ECW that connects

Albany-Rensselaer Station with Syracuse, Rochester, Buffalo and Niagara Falls,

including important connections west of Buffalo and north of Syracuse. Also included is

the important connection from Hoffmans (where the ECW continues east to AlbanyRensselaer Station) to Selkirk Yard, the major rail freight classification yard for New York

and New England.

b. The Study’s ECW Operations Analysis will include a comprehensive computerized

railroad network simulation model of both existing and future train operations on the

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4

ECW from Albany-Rensselaer to the Canadian border in Niagara Falls, NY. The Rail 

Traffic Controller (“RTC”) computer rail network simulation analysis package shall be 

used for the Study’s ECW Operations Analysis. 

c. Development of the Base simulation model, reflecting 2008 ECW operations, was

substantially completed as part of another project and has already received preliminary

“sign off” by CSXT conditioned on correction of some deficiencies in the model identified

by CSXT which NYSDOT has agreed to implement. A Base Case RTC validation will be

completed using CSXT actual point to point data. Some work is needed to provide a

broader set of outputs to support the Study. The Base simulation model will not be

updated to reflect current operations on the Corridor because CSXT train volumes were

higher in 2008 than they are at present.

d. The Study’s ECW simulation model will include detailed simulation of all intercity

passenger trains and freight rail movements (both local and long distance) within the

ECW.

e. The Study’s future ECW simulation model scenarios will reflect evaluation of Study

alternatives that include growth in passenger and freight rail service as well as required

infrastructure improvements. Feasibility assessments of alternatives with significant

infrastructure improvements will balance costs and environmental impacts with predicted

rail network operational benefits related to capacity, travel time, train schedule reliability,

rail safety, and cost effectiveness.

f. The Study’s ECW Operations Analysis will include the following CSXT trackage that is

part of the Corridor and connecting rail routes:

Portion of CSXT's Hudson Subdivision: Rensselaer (CP 142) to Schenectady (CP 

160) and Hoffmans (CP 169), 

CSXT's Selkirk Subdivision [Selkirk Yard to Hoffmans (CP 169 junction with the 

Hudson Subdivision) and Amsterdam (CP 175)], 

CSXT's Mohawk Subdivision [Amsterdam (CP 175) to St. Lawrence Subdivision 

Junction (CP 291) and Syracuse (SP 296)], 

Portions of CSXT's St. Lawrence Subdivision/Former Montreal Secondary [Syracuse 

(CP 291) to Woodard (CP-W), 

CSXT's Rochester Subdivision [Syracuse (CP 296) to Buffalo (CP 429)], 

CSXT's West Shore Subdivision [Fairport (CP 359) to Chili (CP 382)] which provides 

an important freight bypass around Rochester, 

CSXT's Buffalo Terminal Subdivision [Buffalo (CP 429) to CP 437 and Lake Shore 

Subdivision (CP 2)], 

CSXT's Niagara Subdivision, [Buffalo (CP 437) to Niagara Falls junction with CPR 

and CN (CP 28)], and 

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 Additional trackage in the Buffalo Terminal area – the Belt Line, Frontier Yard (lead 

tracks only), International Bridge and Old Compromise Line.

In all cases where trains can enter or leave the ECW territory "at speed" (using power 

switches), the Study’s EIS Operations Analysis territory shall be extended so as to support 

this type of simulation operation. Where distant (approach) signals are provided – typically 

one to two miles from the ECW junction point – they shall be included in the operations 

analysis territory. Where replacement of hand-throw switches with power switches is 

identified as a potential improvement in the ECW territory, the "before and after" analysis 

shall be conducted starting at least one mile from the ECW junction point. 

Where freight yard operations impact the ability of trains to achieve mainline Maximum 

Authorized Speed (MAS), ECW route yard tracks, including arrival/departure tracks, will be 

represented in the network description. 

g. With direct input and participation of CSXT, the Study will evaluate multiple alternatives 

that feature different passenger service levels, a range of future rail service levels, and 

capital improvements to existing CSXT infrastructure, capital improvements to new 

infrastructure within the CSXT right of way and capital improvements to new 

infrastructure partly or wholly outside of the CSXT right of way. The Study will identify a 

preferred alternative that provides the greatest benefits for safe and efficient rail 

operations, freight rail customers and the traveling public, while controlling capital costs 

and minimizing environmental impacts. To the extent possible, impacts of the impending 

implementation of Positive Train Control will be included. 

h. The Study’s ECW Operations Analysis will use 2035 as future year for evaluation of rail 

operations. The Study’s ECW Operations Analysis will provide the basis for a Service 

Development Plan that outlines how capital improvements and increased rail operations 

will be phased over time, given capital funding constraints, construction timeframes and 

the need to maintain fluid rail operations on the ECW at all times. 

i. Each RTC simulation model run will simulate seven consecutive measured operating 

days across the ECW plus one day warm up and one day cool down with randomization. 

j. The NYSDOT Consultant shall provide CSXT with all completed RTC Case (database) 

files, including the version of the RTC software used in the simulation. CSXT may run 

additional simulations for longer durations and alternative randomization inputs. At the 

discretion of CSXT, CSXT may provide the NYSDOT Consultant with the network 

simulation output data and/or summary document and the NYSDOT Consultant will 

incorporate CSXT's inputs into the Study’s EIS technical appendices, as applicable. 

Section 4: Study Management Approach 

a. NYSDOT and NYSDOT Consultants have entered into an agreement that outlines the 

Scope of Work for the Study, including roles and responsibilities of each participant. 

NYSDOT will manage the overall effort, including assigning a contract manager for the 

administration of the consultant services. NYSDOT will assign appropriate technical and 

managerial staff, as required, to manage or direct the advancement of the Study. 

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b. FRA is the lead federal agency for purposes of the Study and under federal law is

responsible for the scope and content of the EIS. The parties recognize that the 

independence and integrity of the EIS is essential to the development of a sound 

document and that, as it does for all of its EISs, the FRA will play a lead role in 

determining the scope and content of the document. 

c. CSXT (pursuant to this EIS Agreement), the National Passenger Railroad Corporation

(Amtrak), FRA and other governmental agencies will provide technical guidance and

support to NYSDOT and NYSDOT Consultants.

Section 5: Study Coordination 

a. In order to progress the Study, NYSDOT Consultants will need to perform field

reconnaissance such as (but not limited to) measuring track centers, reviewing locations

along the right-of-way for possible historic structures, wetlands and other constructability

concerns, identifying bridge abutment setbacks and other design constraints affecting

the ability to add new trackage. CSXT agrees to provide access to railroad property for

Study purposes subject to the conditions set forth in this EIS Agreement. NYSDOT

Consultants will be responsible for obtaining and paying all fees for Right-of-Entry

Permits from CSXT, including but not limited to: providing the applicable general liability

and railroad protective liability insurance, executing the acknowledgement statements

contained on the permits, participating in railroad-sponsored safety training and making

arrangements for obtaining any required railroad flagging services. It is anticipated that

NYSDOT Consultants will perform field reconnaissance trips over the life of the Study.

NYSDOT or its consultants will bear all CSXT costs related to the field reconnaissance

trips.

b. NYSDOT Consultants will provide CSXT with sufficient advance notice, usually no less

than 14 days, when they desire to gain access to railroad property for the purpose of

performing field reconnaissance. The timing of any field reconnaissance trips will

depend upon the availability of CSXT personnel to protect those entries onto CSXT

property.

c. NYSDOT Consultants will group their requests for access to railroad property into

geographically-compatible groupings in order to maximize efficient access to the

Corridor (grouping nearby locations within one railroad Subdivision). NYSDOT

Consultants will be required to execute a non-disclosure agreement with CSXT for all

information deemed confidential by CSXT. CSXT agrees to provide reasonable

requested Corridor source information in a timely manner.

d. CSXT will provide certain available engineering drawings and maps, to the extent

practicable and to the extent not previously provided to NYSDOT, for use by NYSDOT

and NYSDOT Consultants in development of the Study. These drawings may include

track charts, real estate valuation maps and other documents mutually agreed by the

Parties.

e. Any information provided to NYSDOT will be subject to disclosure under the Freedom of

Information Law, unless the information is confidential financial statements, balance

sheets, trade secrets or revenue and cost projections that CSXT can demonstrate is

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exempt from disclosure under the New York State Freedom of Information Law, the 

federal Freedom of Information Act, the federal Interstate Commerce Act or other laws 

administered by the Surface Transportation Board or the Federal Railroad 

Administration, and CSXT makes a timely request for exemption from disclosure in 

accordance with such laws. 

Section 6: Notices 

All notices and Certificates of Insurance shall be mailed to the following addresses: 

A. To CSXT: 

(1). Certificates of Insurance: 

Walter D. Tyler 

Insurance Department 

CSX Transportation 

500 Water Street (J150) 

Jacksonville, FL 32202 

(904) 366-5090/ Fax (904) 245-2203

(2). All Notices and Communications pertaining to this Statement: 

Evan Bell 

Director Operations Planning 

CSX Transportation 

500 Water Street (J315) 

Jacksonville, FL 32202 

(904) 359-1801 / Fax (904) 359-5433

B. To NYSDOT: 

Marie Corrado 

Director of Major Projects 

New York State Department of Transportation 

50 Wolf Road, 6th Floor 

Albany, NY 12232 

(518) 485-5025 / Fax (518) 457-4190

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This EIS Agreement has the concurrence of the authorized officials of both parties as of the 

dates shown below. 

CSX TRANSPORTATION, INC. 

Louis E. Renjel, Jr. 

Vice President, Strategic Infrastructure 

NEW YORK STATE DEPARTMENT OF TRANSPORTATION 

Stanley Gee 

Acting Commissioner

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