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Technical Memorandum Restrictive Declarations

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Technical Memorandum Restrictive Declarations POST-RECORD OF DECISION (ROD) TECHNICAL MEMORANDUM RESTRICTIVE DECLARATIONS June 1, 2010 Revision 0 For: Submitted by: j (A joint venture of PB Americas, Inc., STV, Incorporated, and AECOM USA, Inc.) Restrictive Declarations Revisions REVISION HISTORY Revision Date Description: 0 June 1, 2010 Release to NJ TRANSIT and FTA NJT 06-046 10104 i 06-01-10 REV 0 Restrictive Declarations Contents TABLE OF CONTENTS 1 INTRODUCTION .................................................................................................. 1 1.1 Purpose of this Technical Memorandum......................................................... 1 1.2 General Description of the ARC Project.......................................................... 1 1.3 Environmental Reviews and Approvals to Date ............................................... 2 1.4 Project Alignment and the Project Protection Zone .......................................... 3 1.5 Definition of “Work” Covered by the Restrictive Declaration.............................. 3 1.6 Project Protection Zone ................................................................................ 4 2 POTENTIALLY AFFECTED LocationS.................................................................... 5 2.1 Existing and Future Development Conditions.................................................. 5 3 ENVIRONMENTAL ANALYSIS ............................................................................... 8 LIST OF FIGURES Figure 1. Project Protection Zone ...............................................................................................11 Figure 2. Project Protection Zone - Area I ..................................................................................12 Figure 3. Project Protection Zone - Area II .................................................................................13 Figure 4. Project Protection Zone - Area III ................................................................................14 Figure 5. Project Protection Zone - Area IV ................................................................................15 NJT 06-046 10104 i i 06-01-10 REV 0 Restrictive Declarations NJ TRANSIT 1 INTRODUCTION 1.1 Purpose of this Technical Memorandum This memorandum has been prepared to address the potential environmental implications of a proposed project change by which the Access to the Region’s Core (ARC) Trans-Hudson Tunnel (ARC Project) would, through a restrictive declaration recorded against certain properties along the ARC Alignment in Manhattan, subject those properties’ owners to the obligation to provide to the Port Authority of New York and New Jersey (PANYNJ) a copy of any applications for building or other permits (including all supporting documents) submitted to the New York City Department of Buildings. The PANYNJ would review those submissions to determine if such development or construction, or the means and methods for such activity, could potentially have an adverse effect on the ARC Project’s tunnels or other structural elements (collectively, ARC Project Facilities) or affect public safety. If the PANYNJ determines that any development or construction (or means or methods) might result in damage to ARC Project Facilities or affect public safety, then the PANYNJ would meet with the applicable owner to attempt to resolve such issues while allowing maximum development based on current uses and zoning and proposed changes in uses and zoning. The purpose of the notice requirement contained in the restrictive declaration is to ensure that the PANYNJ is made aware of any future development that might impact ARC Project Facilities or create a public safety issue. Material disputes are not expected, as the ARC Project Facilities (including the tunnels) have been designed and would be constructed to avoid impacts to, and accommodate loads from, all existing structures and to accommodate anticipated loads for new buildings along the alignment based on the current zoning of these properties. Although the owner would have no obligation to alter or restrict its activity in any way under the terms of the restrictive declaration, the Port Authority would pursue all available legal or equitable remedies to protect the ARC Project Facilities or public safety. The environmental consequences of the imposition of the restrictive declaration proposed for the properties within the Project Protection Zone, which were not evaluated as part of the Final Environmental Impact Statement (FEIS) for the ARC Project, are discussed below. No significant impacts from the declaration are expected. 1.2 General Description of the ARC Project The ARC Project is located within portions of Kearny, Secaucus, Jersey City, North Bergen, Union City and Hoboken in New Jersey, the Hudson River, and the Borough of Manhattan in New York. The ARC Project consists of additional commuter rail tracks and connections on the Northeast Corridor, new tunnels under the Palisades in New Jersey, the Hudson River and Manhattan, tracks under West 34th Street from Eighth Avenue to Sixth Avenue, and connections to new station capacity (the expanded Penn Station). The Purpose and Need statement as detailed in the FEIS (Chapter 1) includes the following goals and objectives for the ARC Project: NJT 06-046 10104 1 06-01-10 REV 0 Restrictive Declarations NJ TRANSIT Improve Trans-Hudson Mobility • Expand transit capacity to meet current and forecast demand between Midtown Manhattan and points in New Jersey and New York • Increase transit ridership • Extend the reach and improve the connectivity of the region's commuter rail systems • Increase direct one-seat-ride opportunities to new markets • Improve access, travel time, comfort, convenience, and reliability of the region’s commuter rail systems Maintain a Safe, Secure and Reliable Transit System Utilize, improve, and expand the capacity of the region's existing transit Infrastructure to the maximum extent possible • Maximize the use of and expand the capacity of existing transportation facilities • Enhance Penn Station New York (PSNY) network rail and passenger capacity and operating reliability • Coordinate with other transit providers and on-going transportation-related studies in the region to achieve efficiencies and synergy • Implement improvements that optimize the maintainability of the PSNY-related infrastructure to sustain transit operations over the long-term Maintain and Enhance the Economic Viability of the Region • Support transit-oriented land uses that are consistent with New Jersey and New York smart growth policies • Support the West Midtown residential and commercial development initiatives • Ensure accessibility to jobs in Manhattan, New Jersey and New York • Improve transit connectivity to support the region’s economic viability and continuing development Preserve and Protect the Environment • Avoid/minimize adverse impact on communities and neighborhoods • Preserve and enhance the natural and built environment • Improve air quality by providing rail transit alternatives that contribute to reduced vehicle miles traveled and vehicle emissions • Work towards achieving compliance with the Clean Air Act 1.3 Environmental Reviews and Approvals to Date As the ARC Project sponsor, New Jersey Transit Corporation (NJ Transit) was responsible, together with the Federal Transit Administration (FTA), for the preparation of an EIS consistent with the National Environmental Policy Act. The FEIS was NJT 06-046 10104 2 06-01-10 REV 0 Restrictive Declarations NJ TRANSIT accepted in November 2008 and a Record of Decision (ROD) issued by the FTA on January 14, 2009. Subsequent to the ROD, the PANYNJ and NJ Transit submitted an application to the New York City Planning Commission (CPC) in connection with the ARC Project consistent with the Uniform Land Use Review Procedure (ULURP). Specifically, the application proposed a zoning text amendment to modify Section 74-62 (Railroad Passenger Stations) of the New York City Zoning Resolution and a special permit pursuant to Section 74-62, as amended, to permit the ARC Project’s station and its associated facilities, including two levels of track and a pedestrian mezzanine level located in the bed of West 34th Street, five (5) new station entrances, four (4) fan plants and related below-ground facilities. The application was certified as complete by CPC on January 20th 2009. In addition, the FEIS was accepted by CPC pursuant to 6 NYCRR 617.159(a) for purposes of making State Environmental Quality Review Act (SEQRA)/City Environmental Quality Review (CEQR) findings. On June 29, 2009, the CPC issued SEQRA/CEQR findings and approved the ULURP application and zoning text amendment, as well as several technical memoranda for design modifications to the station entrances. The New York City Council approved the application on July 29, 2009. 1.4 Project Alignment and the Project Protection Zone The ARC Project includes two new single-track tunnels under the Palisades in New Jersey and the Hudson River, with continuation under the west side of Manhattan. The tunnels would extend into Manhattan from the Hudson River shoreline at the approximate location of West 28th Street, extend northeast beneath Hudson River Park and Twelfth Avenue, continue east into the block occupied by Con Edison between West 28th and West 29th Streets and Eleventh and Twelfth Avenues, extend north and east to Ninth Avenue, and then continue east to Sixth Avenue beneath West 34th Street. The ARC Project tunnels and structures have been designed and would be constructed
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