S-1 February 2022

Executive Summary

S.1 Introduction

The New York State Department of Transportation (NYSDOT) is proposing to replace the 

Livingston Avenue Bridge (the Project), which spans the Hudson River between the cities of 

Albany and Rensselaer, providing a critical rail link on New York State’s Empire Corridor (see 

Figure S-1). The bridge, which CSX Transportation Inc. (CSX) owns and the National Railroad 

Passenger Corporation (Amtrak) maintains and operates, was constructed in 1901-1903 on a 

substructure that dates to the 1860s and is nearing the end of its serviceable life. Amtrak uses the 

bridge for intercity passenger trains traveling on the Empire Corridor route and CSX and Canadian 

Pacific (CP) use the bridge for freight rail service. 

NYSDOT was selected to receive Fiscal Year 2010 grant funding for preliminary engineering and 

preparation of environmental review documentation for the Project under the High Speed Intercity 

Passenger Rail Program administered by the U.S. Department of Transportation’s (USDOT) 

Federal Railroad Administration (FRA). Prior to issuing permits or approvals for a project, including 

approval of funding, Federal agencies must consider the potential impacts of their actions on the 

human and natural environment in accordance with the National Environmental Policy Act (NEPA). 

FRA and NYSDOT have prepared this Environmental Assessment (EA) to comply with the 

requirements of NEPA as well as the New York State Environmental Quality Review Act (SEQRA). 

The EA also documents compliance with other applicable Federal, New York State, and local 

environmental laws and regulations. FRA is the lead Federal agency for review under NEPA and 

NYSDOT is the lead state agency for review under SEQRA. This EA presents the results of the 

environmental analyses that FRA and NYSDOT conducted for the Project and the measures that 

will be implemented to avoid, reduce, and mitigate the Project’s impacts on social, economic, and 

environmental resources. 

The existing Livingston Avenue Bridge is a historic property that is eligible for listing on the National 

Register of Historic Places (NR-eligible). FRA and NYSDOT, in consultation with the New York 

State Historic Preservation Office (SHPO), have determined that the Project would result in an 

adverse effect on the bridge, which would be demolished as part of the Project. The Project would 

also require use of a Section 4(f) property, as defined by Section 4(f) of the USDOT Act of 1966.

This EA includes a Draft Section 4(f) Evaluation that describes FRA’s proposed determinations 

related to Section 4(f) and identifies measures to minimize harm that FRA and NYSDOT have 

developed in consultation with SHPO and other consulting parties under Section 106 of the 

National Historic Preservation Act (Section 106). 

S.2 Purpose and Need

The purpose of the Project is to improve reliability and reduce passenger and freight train delays 

along this segment of the Empire Corridor; achieve (at a minimum) a long-term state-of-goodrepair for the bridge; eliminate existing bridge and track deficiencies; and maintain or improve 

navigation near the bridge. This will ensure that the Livingston Avenue Bridge meets modern 

passenger and freight rail capacity and load (weight) standards, maintains acceptable levels of 

safety, and supports the long-term utility and vitality of the Empire Corridor.

The superstructure of the existing bridge was erected in 1901-1903 on a substructure that dates 

to the 1860s. Recent inspections have confirmed that the bridge has significant deterioration. The 


Livingston Avenue Bridge EA PIN 1935.49

S-3 February 2022

S.3 Project Alternatives

FRA and NYSDOT considered a range of different alternatives for repairing, rehabilitating, or 

replacing the Livingston Avenue Bridge to identify alternatives that would meet the Project purpose 

and need and be feasible and reasonable. 

In the alternatives evaluation, FRA and NYSDOT first assessed the alternatives to identify whether 

they would meet the Project purpose and need. All alternatives that met the Project purpose and 

need were then evaluated to identify whether they were feasible and reasonable, based on their 

ability to meet the established Project goals and, where relevant, preliminary information on the 

potential cost, engineering factors, and likely environmental and transportation impacts. 

Using that approach, FRA and NYSDOT considered a number of different alternatives, including 

elimination of a bridge at this location, rehabilitation of the bridge, and replacement of the bridge 

on various alignments. FRA and NYSDOT also considered several different bridge types in the 

evaluation. In the alternatives evaluation, FRA and NYSDOT determined that discontinuation of a 

rail crossing between Albany and Rensselaer, repair and rehabilitation of the existing bridge, and 

replacement of the bridge within the existing bridge footprint would not be reasonable alternatives. 

FRA and NYSDOT concluded that two Build Alternatives that replace the existing bridge with a 

new lift bridge either just south or just north of the existing alignment would meet the purpose and 

need and be feasible and reasonable. The No Action Alternative was also retained for analysis in 

the EA to serve as a benchmark against which to compare the impacts of the Build Alternatives. 

These alternatives are described below.

S.3.1 No Action Alternative

In the No Action Alternative, the Livingston Avenue Bridge would remain in service as is, with 

continued routine maintenance and repairs. No major improvements to, or replacement of, the 

Livingston Avenue Bridge or its approach tracks would be undertaken with the No Action 

Alternative. The bridge’s live load capacity would not be improved, existing geometric deficiencies 

and vertical and horizontal clearance deficiencies would not be corrected, and the wye (a triangle 

of tracks allowing connection to a spur track) at the east approach to the bridge would not be 

realigned. With these substandard conditions, operations across the bridge would remain limited 

to single-track operation at 15 mph. With the No Action Alternative, other rail improvements that 

are planned or programmed separately from the Project would occur. In addition, other 

improvements to the regional transportation system and development projects that are proposed 

by others in the vicinity of the Project site would occur.

The No Action Alternative would result in the continued deterioration of the structure, resulting in 

increased maintenance, and eventually could require the bridge to be closed to rail traffic. If the 

bridge were to close in the future, trains would have to cross the Hudson River via an inefficient, 

longer route. In that situation, passenger trains could be diverted to lower class track and across 

another Hudson River crossing, the Alfred H. Smith Memorial Bridge, on the CSX Castleton 

Subdivision, which spans the river between Castleton-on-Hudson and Selkirk. Routes would be 

longer and trains would either have to bypass the Albany-Rensselaer and Schenectady Stations 

completely or make circuitous routes to reach them that would add to the required detour. 

In addition to operational limitations, the No Action Alternative would adversely affect river traffic. 

Existing horizontal clearance limitations would not be improved. The mechanical features of the 

swing span would continue to be subject to failure due to age and deterioration, limiting the 

reliability of the navigation channel.

The No Action Alternative would not meet the purpose and need for the Project or satisfy any of 

the Project goals and objectives or the programming goals of improving service reliability and 

operational flexibility, improving load capacity and reducing operational limitations, and minimizing 

conflicts with navigational traffic. 
Livingston Avenue Bridge EA PIN 1935.49

February 2022 S-4 

S.3.2 Build Alternative 1 – Replacement on an Adjacent North Alignment

Build Alternative 1 involves the complete replacement of the existing two-track Livingston Avenue 

Bridge with a new two-track movable bridge on a skewed alignment north of the existing bridge 

(see Figure S-2). The skewed alignment would be necessary to connect to the existing alignment 

prior to passing under the eight-lane I-787 viaduct in Albany, while also providing a straight 

alignment for the movable span. The alignment would be approximately 200 feet north of the 

existing bridge on the east side of the river and would abut the existing bridge on the west side. 

The skewed alignment would require the same number of piers as the existing bridge; however, 

the piers would be wider. The new bridge would be a truss bridge, the same type of superstructure 

as the existing bridge, although with a different design. The top of rail elevation would be two feet 

higher than with the existing bridge, to accommodate a deeper floor system while maintaining the 

same clearance above the water when the bridge is closed. 

The new bridge would have a lift span instead of a swing span like the existing bridge. This would

increase the width of the navigation channel from the current width of 100 feet to approximately 

190 feet wide. The vertical clearance of the lift span when open would be 60 feet above Mean 

High Water, which is the same clearance as the nearest bridges upstream and downstream of the 

Livingston Avenue Bridge. When the bridge is closed, the vertical clearance above the water would

be the same as with the existing bridge, 25 feet above Mean High Water. No changes to the 

regulated navigation channel, which is approximately 600 feet wide in this portion of the Hudson 

River, would be required. At the lift span, a fender system would protect the bridge piers. 

The two towers supporting the lift span would be approximately 145 feet tall above Mean High 

Water, slightly shorter than the towers on the existing bridge that carry power cables and catenary 

wires, which are 151.5 feet above Mean High Water. On the east and west, the bridge’s approach 

girder spans would be ballasted deck girders. This would accommodate additional width for 

increased track spacing. 

A shared use path would run along the south side of the new bridge on a cantilever extending 

from the bridge trusses and supported on an independent girder superstructure that shares piers 

and abutments with the deck girder approach spans of the rail bridge. The shared use path would

have a bicycle-height railing on the outboard side and a pedestrian security fence and bicycleheight railing on the inboard side to prevent unauthorized access from the walkway onto the 

railroad tracks. The walkway would include scenic overlooks at each end of the movable span to 

provide an area for pedestrians to collect and bicyclists to dismount when the bridge is 

opening/closing and the walkway gates are closed. On the east side of the river, the shared use 

path would connect to the planned Rensselaer Riverfront Multi-Use Trail; on the west side of the 

river, it would connect to the Mohawk-Hudson Bike-Hike Trail and the Albany Skyway.

On the Rensselaer side of the river, new bridge approach tracks and reconfigured wye tracks 

would be installed so that the movement from the bridge south toward Albany-Rensselaer Station 

becomes the primary move, an improvement over the existing condition in which the primary move 

is to the north to the Troy Industrial Track.

On the Albany side of the river, the western abutment of the bridge would be shifted to the west 

from its current location, which would improve sightlines along Quay Street where it passes 

beneath the bridge adjacent to the abutment. The rail bridges over Water and Centre Streets 

would be rehabilitated and reconfigured to accommodate the shift in the track alignment. At each 

of those bridges, the beam seats of the bridge abutments that support the bridge girders would be 

modified or replaced and several pairs of the existing deck girders (i.e., bridge beams) would be 

repositioned to support the new alignment. At the Water Street bridge, a set of existing deck 

girders would be removed to accommodate this shift. 

No change in the number of daily trains is planned as a result of the Project. With the new bridge, 

train operating speed on the bridge would be 40 mph for passenger trains and 35 mph for freight 

Livingston Avenue Bridge EA PIN 1935.49

S-5 February 2022

trains (an increase from 15 mph currently). The new bridge would have two tracks and could 

accommodate two trains operating across the bridge at the same time. As the new lift would

operate more reliably than the existing bridge, the delays related to bridge malfunction would be 

eliminated. Key characteristics of Build Alternative 1 are identified in Exhibit S-2. 

S.3.3 Build Alternative 2 – Replacement on an Adjacent South Alignment 

Build Alternative 2 involves the complete replacement of the existing two-track Livingston Avenue 

Bridge with a new two-track movable bridge located parallel to, and approximately 50 feet south 

of, the existing bridge (see Figure S-3). The design and operational characteristics of Build 

Alternative 2 would be similar to those described for Build Alternative 1 except that Build 

Alternative 2 would only have eight piers (one fewer than the existing bridge and Build 

Alternative 1). The truss bridge under Build Alternative 2 would also have a lift span and shared 

use path. The approach track work would include improvements to the wye tracks and require a 

similar effort for the rehabilitation and reconfiguration of the rail bridges over Water and Centre 

Streets in Albany. Key characteristics of Build Alternative 2 are identified in Exhibit S-2. 

S.4 Construction Methods 

The methods used to construct the new bridge would be similar for both Build Alternatives. The 

new replacement bridge would be constructed alongside the existing bridge. When it is complete 

and connecting tracks have been tied in to the existing Empire Corridor and Troy Industrial Track, 

train traffic would be shifted to the new bridge and the old bridge and its connecting tracks would 

be removed.

From the Rensselaer shoreline, a temporary in-water pier, about 20 feet wide, would be built either 

to the north or south of the existing bridge extending into the Hudson River approximately 100 to 

150 feet. Most of the required staging and equipment storage would occur using the in-water pier 

and barges. Some limited land areas would also be needed for construction staging or contractor 

support space. Spud barges would be used as construction staging platforms in deeper parts of 

the river. 

The new bridge’s substructures would be supported on deep piles. NYSDOT will require the use 

of pile installation that limits vibration near the existing bridge, to avoid potential damage to that 

structure. The specific pile installation measure will be determined during final design after a 

detailed geotechnical study is performed to determine the susceptibility of the existing structure to 

vibration. Once the piers have been installed, the steel spans would be installed. The spans would 

be preassembled and then floated to the site and erected by cranes located on the temporary inwater pier or the spud barges for sections in deeper water.

The movable span of the new bridge would be assembled off-site and floated into place. Once in 

place, the lift would be left in the open position as construction continues and the existing bridge 

would continue to open and close as needed to accommodate river traffic.

After the approach spans are installed, ballast and tracks would be laid across the bridge. Once 

the landside approach tracks are realigned and the Water and Centre Street rail bridges are 

reconfigured, the tracks would be connected and rail operations would be shifted to the new 

bridge. The existing bridge superstructure would be removed span-by-span using a barge and 

crane and then transported to, and disassembled in, a staging area. An excavator would pull out 

the pier footings, and the timber piles would be cut off below the mud line, in accordance with 

United States Coast Guard (USCG) requirements. All work would be performed in accordance 

with USCG, Army Corps of Engineers (USACE), and New York State Department of 

Environmental Conservation (NYSDEC) permit conditions, which would require containment of 

debris through the use of turbidity barriers and sheet piling around the piers to minimize adverse 

impacts on the water quality of the Hudson River. 



Livingston Avenue Bridge EA PIN 1935.49

February 2022 S-8 

Exhibit S-3 

Summary of Potential Long-Term Impacts and Mitigation

Analysis Area Build Alternative 1 Build Alternative 2 Mitigation/Commitment

Transportation Build Alternative 1 would eliminate an existing 

bottleneck on the Empire Corridor, improve 

reliability and reduce passenger and freight train 

delays by eliminating track deficiencies and 

providing a new bridge that would meet modern 

passenger and freight rail capacity and load 

standards. It would improve navigation by 

widening the navigation channel beneath the 

bridge to 190 feet from 100 feet and eliminating 

delays to river traffic resulting from bridge 

malfunctions. Pedestrians and bicyclists would 

benefit from the shared use path, which would 

connect to the planned Rensselaer Riverfront

Multi-Use Trail and the Mohawk-Hudson Bike-Hike 

Trail in Albany. Build Alternative 1 would displace 

11 parking spaces from NYSOGS Lot 11, beneath 

I-787 on the south side of Quay Street, which is 

used by New York State employees.

Same long-term impacts as Build Alternative 1, 

with the exception that Build Alternative 2 would 

not impact the 11 parking spaces displaced 

under Build Alternative 1.

NYSDOT will coordinate related to operation 

and maintenance of the shared use path on the 

bridge during final design with the Cities of 

Rensselaer and Albany as well as CSX and 

Amtrak.

Land Use and 

Community Character

Requires acquisition of 2.2 acres of land in 

Rensselaer by either fee acquisition or 

permanent easement, including approximately 

1.8 acres programmed for residential use within 

the proposed 18-acre Kiliaen’s Landing 

development. In Albany, Build Alternative 1 

would be built entirely on railroad property and 

land owned by New York State. 

The shared use path would provide for greater 

cohesion between the communities on both 

sides of the Hudson River and support plans 

for improved waterfront access.

The Project would enhance recreational 

resources in the study area by providing the 

shared use path on the bridge. Pedestrians and 

bicycles are currently not permitted on the 

bridge.

Requires acquisition of 2.1 acres of land in 

Rensselaer by either fee acquisition or 

permanent easement, including approximately 

1.4 acres programmed for residential use within 

the proposed 18-acre Kiliaen’s Landing 

development. In Albany, Build Alternative 2 

would be built entirely on railroad property and 

land owned by New York State.

The shared use path would provide for greater 

cohesion between the communities on both 

sides of the Hudson River and support future 

plans for improved waterfront access.

The Project would enhance recreational 

resources in the study area by providing the 

shared use path on the bridge. Pedestrians and 

bicycles are currently not permitted on the 

bridge.

Property owners would be compensated under the 

Federal Uniform Relocation Assistance and Real 

Property Acquisition Policies Act of 1970 (the 

Uniform Act) and its established equitable land 

acquisition procedures. NYSDOT will coordinate 

with the City of Rensselaer regarding the Kiliaen’s 

Landing development.
Livingston Avenue Bridge EA PIN 1935.49

S-9 February 2022

Exhibit S-3 (Cont’d)

Summary of Potential Long-Term Impacts and Mitigation

Analysis Area Long-Term Impacts of Build Alternative 1 Long-Term Impacts of Build Alternative 2 Mitigation/Commitment

Social Conditions The shared use path would comply with the 

Americans with Disabilities Act (ADA) and 

accessible to all social groups, thereby 

providing a benefit to the communities on both 

sides of the river. 

The shared use path would comply with the 

Americans with Disabilities Act (ADA) and 

accessible to all social groups, thereby 

providing a benefit to the communities on both 

sides of the river. 

N/A

Economic Conditions By maintaining passenger and freight rail along 

existing, but improved, routes, the Project 

would positively affect the regional and local 

economies and employment in Albany and 

Rensselaer Counties.

By maintaining passenger and freight rail along 

existing, but improved, routes, the Project 

would positively affect the regional and local 

economies and employment in Albany and 

Rensselaer Counties.

N/A

Cultural Resources FRA and NYSDOT have determined that the 

Project would have an adverse effect on the 

historic Livingston Avenue Bridge due to its 

demolition and replacement. FRA and 

NYSDOT have determined that no adverse 

effect would result from the modifications to the 

Water and Centre Street rail bridges, because 

the character-defining features of the Albany 

Railroad Viaduct would be unaffected.

The Project would not result in adverse effects 

to archaeological resources.

FRA and NYSDOT have determined that the 

Project would have an adverse effect on the 

historic Livingston Avenue Bridge due to its 

demolition and replacement. FRA and 

NYSDOT have determined that no adverse 

effect would result from the modifications to the 

Water and Centre Street rail bridges, because 

the character-defining features of the Albany 

Railroad Viaduct would be unaffected.

The Project would not result in adverse effects 

to archaeological resources.

As stated in the Draft Memorandum of 

Agreement among FRA, NYSDOT and SHPO 

(see Appendix B-5), NYSDOT will document 

the Livingston Avenue Bridge following Historic 

American Engineering Record standards, install 

interpretive signage on both sides of the river, 

and design the new bridge as a truss bridge 

incorporating key visual elements relating to the 

existing Livingston Avenue Bridge (the pulley 

housing and operator’s building). NYSDOT will 

also actively seek new ownership of the existing 

Livingston Avenue Bridge for adaptive reuse, or, 

because of its overall size, partial reuse at a new 

location.

Visual and Aesthetic 

Considerations 

The Project would enhance visual resources, 

creating more views of the Hudson River view 

corridor than exist today, and improving the 

experience of the viewers via the scenic 

overlooks on the shared use path.

The Project would enhance visual resources, 

creating more views of the Hudson River view 

corridor than exist today, and improving the 

experience of the viewers via the scenic 

overlooks on the shared use path.

N/A

Water Resources Would require the placement of fill in the 100-

year floodplain and waters of the U.S. under 

the jurisdiction of USCG and USACE. To 

accommodate the skewed alignment, 

Alternative 1 would have the same number of 

piers as the existing bridge but the piers would 

be wider and occupy approximately 0.74 acres, 

compared to 0.42 acres for the existing bridge.

Would require the placement of fill in the 100-

year floodplain and waters of the U.S. under the 

jurisdiction of USCG and USACE. Build 

Alternative 2 would have eight piers (one fewer 

than the existing bridge and Build Alternative 1). 

The total pier footprint would be approximately 

0.5 acres for this alternative, compared to 0.42 

acres for the existing bridge.

NYSDOT will acquire and adhere to all 

requirements and conditions associated with 

the permits and approvals for the project, 

including the USCG Section 9 and USACE 

Section 10/404 and Section 408 permits. Other 

potential permits include SPDES and NYSDEC 

floodplain, water quality certification, and 

coastal zone consistency. 
Livingston Avenue Bridge EA PIN 1935.49

February 2022 S-10

Exhibit S-3 (Cont’d)

Summary of Potential Long-Term Impacts and Mitigation

Analysis Area Long-Term Impacts of Build Alternative 1 Long-Term Impacts of Build Alternative 2 Mitigation/Commitment

Water Resources (Cont’d) Build Alternative 2 would place one support pier 

within an ephemeral stream that does not 

appear to meet the definition of Waters of the 

U.S; FRA and NYSDOT will consider this 

stream as jurisdictional Waters of the U.S. for 

permitting purposes. 

NYSOGS permit for activities affecting the bed 

of the Hudson River may also be necessary. 

The NYSDOT Regional Hydraulics Engineer will 

perform a floodplain hydraulic analysis during 

the advance detail plan phase.

FRA and NYSDOT will assess the need for 

stormwater treatment during final design.

Ecology Build Alternative 1 would result in the loss of 3 

acres of woodland of marginal value. No 

impacts to significant habitat or the 

disturbance-tolerant wildlife that are found in 

the City of Rensselaer would occur. The 

minimal loss of bottom habitat and benthic 

invertebrates in the river due to the larger pier 

footprint would not result in adverse impacts.

Build Alternative 2 would result in the loss of 2 

acres of woodland of marginal value. No 

impacts to significant habitat or the disturbancetolerant wildlife that are found in the City of 

Rensselaer would occur. The minimal loss of 

bottom habitat and benthic invertebrates in the 

river due to the larger pier footprint would not 

result in adverse impacts.

FRA and NYSDOT consulted with the National 

Marine Fisheries Service (NMFS) regarding 

Essential Fish Habitat (EFH) and threatened 

and endangered species and with the U.S. Fish 

and Wildlife Service (USFWS) regarding 

threatened and endangered species, birds 

protected under the Migratory Bird Treaty Act, 

and eagles protected under the Bald and 

Golden Eagle Protection Act. 

(See additional discussion regarding 

construction commitments in Exhibit S-4.) 

Geology None None NYSDOT will perform a geotechnical 

investigation prior to construction of the new 

bridge under either Build Alternative to identify 

design and construction requirements for the 

new bridge.

Air Quality None None N/A

Energy and Greenhouse 

Gas Emissions

None None N/A

Noise and Vibration None None N/A

Utilities and Infrastructure None None N/A

Contaminated Materials None None N/A
Livingston Avenue Bridge EA PIN 1935.49

S-11 February 2022

Exhibit S-3 (Cont’d)

Summary of Potential Long-Term Impacts and Mitigation

Analysis Area Long-Term Impacts of Build Alternative 1 Long-Term Impacts of Build Alternative 2 Mitigation/Commitment

Safety and Security The Project would improve the structural 

reliability of the bridge, which would increase 

the safety of the freight and passenger trains 

traveling over the bridge. It would provide 

navigation channel fenders and a dolphin 

system and reduce the potential for boat 

collisions with an improved design. Vehicular 

safety conditions would be improved by better 

visibility along Quay Street, due to the 

westward shift of the bridge abutment. 

Pedestrian and bicycle safety would be 

improved due to the provision of the shared 

use path on the bridge, which would eliminate 

the current safety concern regarding 

trespassing.

The Project would improve the structural 

reliability of the bridge, which would increase 

the safety of the freight and passenger trains 

traveling over the bridge. It would provide 

navigation channel fenders and a dolphin 

system and reduce the potential for boat 

collisions with an improved design. Vehicular 

safety conditions would be improved by better 

visibility along Quay Street, due to the 

westward shift of the bridge abutment. 

Pedestrian and bicycle safety would be 

improved due to the provision of the shared use 

path on the bridge, which would eliminate the 

current safety concern regarding trespassing.

N/A

Environmental Justice None None N/A

Indirect and Cumulative 

Impacts

None None N/A
Livingston Avenue Bridge EA PIN 1935.49

February 2022 S-12

Exhibit S-4 

Summary of Temporary Construction-Period Impacts and Mitigation

Analysis Area

Temporary Construction-Related Impacts of 

Build Alternatives 1 and 2 Mitigation/Commitment

Transportation Two weekend track outages and periodic nighttime track outages that would

affect passenger and freight rail traffic. One or two 2-day closures (two for 

Build Alternative 1 and one for Build Alternative 2) of the navigation channel 

that will affect boat traffic. 

During a two-month construction period for the west bridge abutment and 

west end span: Quay Street would be closed; access to the Corning 

Riverfront Park parking lot south of the railroad crossing would be restricted 

due to a one-way (northbound) traffic pattern; access to the Jennings 

Landing (amphitheater) parking facilities would be restricted from Quay 

Street; pedestrian and cyclist access to the Mohawk-Hudson Hike-Bike Trail 

may be interrupted during heavy lift operations or other operations that may 

present a risk to the public. 

During two 2-week periods for work on the Water Street and Centre Street 

rail bridges: Water Street and Centre Street would each be closed from 

Quay Street to Livingston Avenue and traffic would be redirected for access 

to parking (NYSOGS Lots 12A and 12B) and the street network beyond; 

large truck traffic would be restricted from using the Colonie Street exit from 

southbound I-787; the pedestrian walkway along Water Street would be 

relocated to Centre Street for the duration of the Water Street bridge 

construction; and Water and Centre Streets would be closed concurrently 

for bridge resetting over the span of two weekends.

Partial closure of NYSOGS Lot 11 under the I-787 overpass would be 

required and approximately 20 parking spaces in the parking lot just north of 

the existing bridge would be displaced during the construction period.

Use construction methods that minimize disruption to transportation 

services to the greatest extent practicable. Provide proper notice for 

closures. Implement NYSDOT Work Zone Traffic Control Program. 

Maintain pedestrian and cyclist access to the Mohawk-Hudson Hike-Bike 

Trail via erection of canopy through the work area.

Land Use and 

Community 

Character 

Temporary access easement for construction laydown areas and access 

routes. 

Temporary access restrictions to certain parks and recreational resources 

as described above under “Transportation.”

Compensate property owners under the Federal Uniform Relocation 

Assistance and Real Property Acquisition Policies Act of 1970. NYSDOT 

would coordinate with the City of Rensselaer regarding the Kiliaen’s 

Landing development.

Social and 

Economic 

Conditions

Construction activities would generate jobs, resulting in economic benefits 

to the local and regional economy. 

N/A
Livingston Avenue Bridge EA PIN 1935.49

S-13 February 2022

Exhibit S-4 (Cont’d)

Summary of Temporary Construction-Period Impacts and Mitigation

Analysis Area

Temporary Construction-Related Impacts of 

Build Alternatives 1 and 2 Mitigation/Commitment

Cultural 

Resources 

None To avoid accidental damage to adjacent resources, a Construction Protection 

Plan (CPP) would be developed in consultation with SHPO and the property 

owners to set forth the specific measures to be used to protect architectural 

resources during the construction period. It will set forth protocols and 

specifications to prevent inadvertent damage during construction.

Visual 

Resources and 

Aesthetic 

Considerations

None N/A

Water 

Resources 

None with implementation of mitigation measures Perform all work in accordance with USCG, USACE, and NYSDEC permit 

conditions. Use turbidity barriers and other measures to protect water quality as 

warranted and as specified by permit conditions. Implement storm water pollution 

prevention plan (SWPPP) and comply with NYSDEC technical standards for 

erosion and sediment control. 

Ecology None with implementation of mitigation measures Prior to construction of the temporary pier, NYSDOT will undertake a survey of 

submerged aquatic vegetation and the pier would be installed so as to minimize 

the potential to affect submerged aquatic vegetation.

Follow timing restrictions for construction work in the Hudson River to protect 

spawning shortnose and Atlantic sturgeon and their eggs and larvae: no in-water 

construction from March 1 through September 30 (work could still occur within 

the cofferdam cells). Avoidance of this time period would also minimize impacts 

to migratory and breeding anadromous fish. NYSDOT will implement other 

construction best management practices developed in consultation with NMFS to 

reduce turbidity and noise due to in-water construction activities to minimize 

adverse impacts to sturgeon and anadromous fish. 

Examples include use small-diameter piles that produce less underwater noise 

during installation. Use pre-drilling to install piles and vibratory hammering (if 

necessary after pre-drilling) to the greatest extent practicable to minimize 

underwater noise levels. Tap piles prior to the start of impact hammering in order 

to give fish an opportunity to relocate before underwater sound levels become 

increasingly greater.

Tree clearing to occur only between October 31 to March 31 to avoid potential 

impacts to northern long-eared bats, if present.

Osprey nest on existing bridge to be removed in winter when it is inactive.

NYSDOT will implement best management practices (such as washing 

construction equipment) to avoid introducing new invasive species to the area.
Livingston Avenue Bridge EA PIN 1935.49

February 2022 S-14

Exhibit S-4 (Cont’d)

Summary of Temporary Construction-Period Impacts and Mitigation

Analysis Area

Temporary Construction-Related Impacts of 

Build Alternatives 1 and 2 Mitigation/Commitment

Air Quality None Employ best management practices: utilize newer, less polluting equipment; dust 

control measures; clean fuel in diesel engines; and limit heavy duty vehicle idling 

to five minutes or less.

Noise and 

Vibration 

None with implementation of mitigation measures During track realignment construction for the wye tracks, use a portable noise 

barrier/curtain with a Sound Transmission Class (STC) rating of STC 30 or 

greater for work occurring within 56 feet of residences and no nighttime 

construction (10 PM – 7 AM) within this distance of residences.

Utilities and 

Infrastructure

The Project would require the relocation of a fiber optic cable beneath 

the western bridge abutment and may affect other utilities in the area.

Coordination with utility owners and advance notice of any short-term outages as 

utilities are switched over to relocated lines.

Contaminated 

Materials

None with implementation of mitigation measures Dredged material would be collected onto a barge, dewatered, and disposed of 

to reduce the potential for resuspension of polychlorinated biphenyls (PCBs) or 

other sediment contaminants in the Hudson River during the installation of the 

bridge piers. Dewatering effluent would be treated in accordance with NYSDEC 

requirements prior to being discharged back to the river. Phase II subsurface 

investigations and asbestos and lead surveys would be conducted prior to 

construction in areas where excavation would occur. Materials would be tested, 

handled, stored, transported, and disposed of in accordance with all applicable 

regulations. A Construction Health and Safety Plan would be developed based 

on sampling results to protect workers, the community, and the environment 

during construction.
Livingston Avenue Bridge EA PIN 1935.49

S-15 February 2022

S.7 Section 106 of the National Historic Preservation Act

The Project is subject to Section 106 of the National Historic Preservation Act (36 CFR Part 800), 

which requires Federal agencies to: 1) take into account the effects of their undertakings on 

historic properties that are listed in, or meet the eligibility criteria for listing in, the National Register 

of Historic Places; and 2) afford the Advisory Council on Historic Preservation (ACHP) and SHPO 

a reasonable opportunity to comment. Section 106 also requires that agency officials work with 

SHPO to identify parties to participate in the Section 106 process (consulting parties). Consulting 

parties include, but are not limited to, local governments, Federally recognized Native American 

tribes, and individuals and organizations with a demonstrated interest in a project.

On behalf of FRA, NYSDOT sent information about the Project to Tribal Historic Preservation 

Officers (THPOs) for the Saint Regis Mohawk Tribe, the Stockbridge Munsee Community Band of 

Mohicans, and the Delaware Tribe. FRA, as lead Federal agency responsible for Section 106 

compliance for the Project, extended invitations to local preservation groups, local planning 

agencies, neighborhood associations, and other organizations to participate in consultation. To 

date, the following organizations have agreed to be consulting parties for the Project’s Section 

106 consultation process: Capital District Transportation Committee, City of Rensselaer Historian, 

Historic Albany Foundation, Livingston Avenue Bridge Coalition, National Railway Historical 

Society Mohawk and Hudson Chapter, and New York Central Historical Society. Public 

involvement activities associated with review of this EA may identify additional consulting parties 

for the Project. 

FRA and NYSDOT concluded that removal of the historic Livingston Avenue Bridge would 

constitute an adverse effect under Section 106. FRA determined that the rehabilitation and 

reconfiguration of the Water Street and Centre Street rail bridges, which are components of the 

NR-eligible Albany Railroad Viaduct, would not result in an adverse effect because characterdefining features of the viaduct would not be affected and the change in its overall appearance 

would be minimal. As discussed in this EA, FRA and NYSDOT have developed measures to 

mitigate the adverse effect of the Project on the NR-eligible Livingston Avenue Bridge in 

consultation with SHPO, THPOs, and other consulting parties. These measures are included in 

the Draft Section 106 Memorandum of Agreement (MOA) included in Appendix B-5. The MOA 

will be executed among FRA, NYSDOT, and SHPO prior to completion of the NEPA process for 

the Project.

S.8 Environmental Justice

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations 

and Low-Income Populations (February 11, 1994), requires Federal agencies to identify and 

address disproportionately high and adverse effects of their actions on minority and low-income 

populations. Executive Order 12898 also requires Federal agencies to work to ensure greater 

public participation in the decision-making process. The communities adjacent to the Project site 

in Albany and Rensselaer include minority and low-income populations and are considered 

environmental justice communities. However, the Project would not result in disproportionately 

high and adverse impacts to these environmental justice communities as discussed in Chapter 5, 

“Environmental Justice.” 

S.9 Section 4(f) of the United States Department of Transportation Act

Section 4(f) of the United States Department of Transportation Act of 1966 prohibits an operating 

administration of the Department of Transportation, including FRA, from approving a project that 

uses public parks and recreational lands, wildlife refuges, and public or private historic properties 

eligible for listing in the National Register of Historic Places, unless it determines there is no 

feasible and prudent alternative to avoid the use and the project includes all possible planning to 

minimize harm to the resources, or the use meets the requirements for a de minimis impact. 
Livingston Avenue Bridge EA PIN 1935.49

February 2022 S-16

FRA has determined that the Project would require the Section 4(f) use of the historic Livingston 

Avenue Bridge. For the reasons detailed in Chapter 6, “Draft Section 4(f) Evaluation,” there are 

no feasible and prudent alternatives to the Project’s use of the historic railroad bridge and, as 

documented in the Section 106 MOA included in Appendix B-5, all possible planning to minimize 

harm has been identified as mitigation measures. Section 4(f) regulations (23 CFR § 744.3(d)) 

provide the authority to develop programmatic Section 4(f) evaluations as a time-saving alternative 

to individual evaluations for certain types of uses. In January 2021, FRA adopted FHWA’s 

Nationwide Historic Bridges Programmatic Section 4(f) Evaluation. FRA has concluded that the 

Nationwide Historic Bridges Programmatic Section 4(f) Evaluation is applicable to the replacement 

of the Livingston Avenue Bridge. The Livingston Avenue Bridge Project qualifies for this evaluation 

because it would use a bridge that is eligible for the National Register of Historic Places (NR), 

there are no feasible and prudent alternatives to the use of the historic Livingston Avenue Bridge 

to be replaced as part of the Project, and the Project includes all possible planning to minimize 

harm resulting from such use.

FRA has concluded that the Project would have a Section 4(f) de minimis impact on the NR-eligible 

Albany Railroad Viaduct. This EA includes information on FRA’s proposed de minimis finding in 

the Draft Section 4(f) Evaluation in Chapter 6.

S.10 Public Review of this EA

Public comments are now being solicited on this EA. The EA is available on the Project’s website 

at https://www.dot.ny.gov/livingstonavebridge and at viewing locations listed on the website.

In accordance with NEPA and Section 106 requirements, FRA and NYSDOT will hold public 

information meetings for the Project to provide information about the Project and seek input from 

the public. Both virtual and in-person public information meetings will be held. Public notice of 

meeting dates, meeting locations, and instructions for participation in the virtual meeting will be 

provided in advance of the meetings. A recording of the virtual meeting will also be made available 

on the Project’s website.

In accordance with New York State Eminent Domain Procedure Law, public hearings will also be 

held for the Project. The public hearings will begin immediately following the public information 

meetings. During the public hearings, verbal comments will be recorded. In addition to the public 

hearings, written comments may also be submitted during the public comment period.

FRA and NYSDOT are accepting public comments related to this EA during a public comment 

period that will extend for a minimum of 30 days after publication of the EA.