MTA City Transit Fulton Street Transit Center DEIS

CHAPTER 11: CULTURAL RESOURCES 11.1 INTRODUCTION 11.1.1 CONTEXT AND KEY ISSUES

Cultural resources are an important part of the character of a community. Cultural resources may include historic features, such as buildings, structures, sites, objects and districts, as well as archaeological resources, which are physical remains, usually buried, of past activities on a site. Archaeological resources can include remains from Native American people who used or occupied a site, including tools, refuse from tool-making activities, habitation sites, etc. These resources are also referred to as “precontact,” since they were deposited before Native Americans’ contact with European settlers. Archaeological resources can also include remains from activities that occurred during the “historic period” (the period beginning with European colonization of the New York area), and include remains such as battle sites, foundations, wells and privies.

This chapter presents the potential impacts on cultural resources from the construction and operation of the Fulton Street Transit Center (FSTC). The analysis of potential impacts was carried out in accordance with the National Historic Preservation Act of 1966 (NHPA), 16 U.S.C Section 470f and the implementing regulations under Section 106 that are codified at 36 C.F.R. 800. Section 106 and the Part 800 regulations require Federal agencies to consider the effects of their actions on historic properties, which are defined in the regulations as resources listed on or determined eligible for the National Register of Historic Places. Properties listed on or determined eligible for the National Register can include both archaeological and historic resources. The National Environmental Protection Act (NEPA) (in accordance with which this Draft Environmental Impact Statement (DEIS) is being prepared), also requires the evaluation of impacts on cultural resources. The NHPA requires public outreach within the DEIS process to ensure the environmental review of the FSTC is in compliance with the NHPA and NEPA. The New York State Historic Preservation Act (SHPA) closely resembles the NHPA, and requires that State agencies consider the effect of their actions on properties listed on or determined eligible for listing on the State Register of Historic Places. Compliance with Section 106 satisfies the requirements of SHPA, set forth in Section 14.09 of the New York State Parks, Recreation and Historic Preservation Law; therefore, a separate analysis of effects under SHPA is not required.

Historic properties are also protected by Section 4(f) of the Department of Transportation Act of 1966 and implementing regulations codified in 23 C.F.R. 771.135. Section 4(f) regulates actions by the Secretary of Transportation that require the use of a historic property that is listed on or eligible for inclusion on the National Register. Section 4(f) states: “The Secretary of Transportation may approve a transportation program or project requiring the use of...land of a historic site of national, state or local significance (as determined by the Federal, State or local officials having jurisdiction over the site), only if...a determination is made that there is no feasible and prudent alternative to such use, and all possible planning has been undertaken to minimize harm to the 4(f) property.” Section 4(f) also requires public outreach. The Section 4(f) Evaluation for the FSTC is contained in Chapter 22.

The Landmarks Preservation Commission (LPC) designates historically significant properties in New York City as landmarks or historic districts. Properties designated as landmarks or historic districts are protected under the New York City Landmarks Law, which requires LPC review and approval before any alterations or demolition can occur. Although the New York City Landmarks Law is not applicable to the Proposed Action, potential impacts to landmarks and historic districts have been considered.

The condition and occurrence of archaeological and historic sites that are located in the study area, or Areas of Potential Effect (APE), have not been substantially altered as a result of the events of September

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11. Archaeological deposits or features are not considered likely to be found in the APE given the extent of construction disturbance that has historically occurred in the area, both pre- and post-September 11.

An initial APE for the FSTC was identified as part of the environmental analysis process and approved by the New York State Office of Parks, Recreation, and Historic Preservation (NYSOPRHP), which serves as the State Historic Preservation Office (SHPO), in its letter of February 13, 2004 (see Appendix H). Subsequent to SHPO’s approval, the APE was expanded to the west to consider potential effects of the RW - E Connector. Historic resources within the APE include the (192 ), the Fulton Street 45 Subway Station, the former AT&T Building (), the Bennett Building (139 Fulton Street), the East River Savings Bank (25 Dey Street) and St. Paul’s Chapel and Graveyard. Also included in the APE are a portion of the WTC site and a portion of the John Street- Historic District. This National Register-eligible District includes the National Register- listed Corbin Building,which is located in the portion of the District within the APE, and the National Register-eligible Hays Building at 21-23 Maiden Lane, which is in the portion of the District outside the APE. The District also includes buildings that are not individually eligible for the National or State Registers but which are considered contributing elements in the District, such as the Dennison Building at 15 John Street. The FTA, NYCT and SHPO will enter into a Memorandum of Agreement (MOA) regarding the treatment of historic resources within the APE that may be affected by the Proposed Action. The draft MOA is included in Appendix H.

These historic resources in the APE are evaluated in the context of Section 106 of the Historic Preservation Act and Section 4(f) of the Department of Transportation Act. The analysis therefore compares the construction and operation of the FSTC against the prevailing future conditions in the study area for each of the analysis years, both with and without the project. As noted previously, the Section 4(f) Evaluation is contained in Chapter 22.

11.1.2 CONCLUSIONS

Under the No Action Alternative, the FSTC would not be constructed. Minor maintenance and rehabilitation activities could occur, including typical station and transit infrastructure maintenance and repair. The Existing Complex would remain in its current configuration and operational state. There would not be any impacts on cultural resources associated with the FSTC. A number of other major construction projects would be underway in the study area in 2005/2006, including the WTC Memorial, the Permanent WTC PATH Terminal, South Ferry Subway Terminal, and Route 9A (see Chapter 20: Cumulative Effects, for related impacts).

Under the Build alternatives, the FSTC would be constructed and operated as described in Chapters 3: Alternatives, and 4: Construction Methods and Activities. The only substantial differences with respect to cultural resources differ primarily with respect to the use of the Corbin Building.

Under Alternative 9, the Corbin Building would remain in private ownership. An underground slurry wall or similar structure would structurally isolate the FSTC Entry Facility and Dey Street Passageway from the Corbin Building. Depending on the findings of the geotechnical and structural investigations that would be carried out during Final Design, Alternative 9 may require underpinning of the Corbin Building. This would be determined based on whether or not there is a risk of excessive movement of the Corbin Building during the construction of the Entry Facility. Such a risk could have implications for the project cost and schedule and would necessitate the use of underpinning or a similar protective technique, such as compensation grouting. Based on information available to date, NYCT would proceed with underpinning of the Corbin Building in Alternative 9 to avoid risks related to public safety and damage to the historic resources associated with unknown construction conditions. Underpinning, if used, would remain permanently in place. This could require temporary displacement of tenants in the basement of the Corbin Building. No other impacts to the Corbin Building are anticipated under this alternative, although impacts related to vibration during construction could occur.

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Under Alternative 10, the Corbin Building would be acquired by New York City Transit (NYCT) and underpinned and used as part of the FSTC Entry Facility and Dey Street Passageway. Tenants in the building would be permanently displaced. While this alternative would directly impact the Corbin Building, the intent of this alternative is to rehabilitate and adaptively re-use the building in a manner consistent with its historic character. The MOA (see Appendix H) would ensure that adverse effects arising under this alternative would be minimized and satisfactorily mitigated.

Other historic resources that would incur impacts as a result of the FSTC under both Build alternatives include the Fulton Street 45 Subway Station and the American Telephone and Telegraph (AT&T) Building. As with the Corbin Building, the MOA would ensure that adverse effects arising under these alternatives would be minimized and satisfactorily mitigated.

Other historic sites that could incur vibration or soil settlement impacts from construction under both Build alternatives are the East River Savings Bank, St. Paul’s Chapel and Graveyard, the Bennett Building and some buildings located within the John Street-Maiden Lane Historic District (including the non-designated Dennison Building at 15 John Street which is a contributing element in the historic district, but not individually eligible for the National Register). Under Alternative 10, the Dennison Building could also require underpinning. These impacts are not expected to compromise the structural integrity of these buildings nor the characteristics that qualify them for inclusion on the National Register. Appropriate measures will be taken during construction to avoid impacts to these historic resources, including those related to vibration, through a formal consultation process, a Construction Environmental Protection Program (CEPP) and related plans, and a Cultural Resources Management Plan (CRMP). Although archaeological resources are not anticipated to be encountered during the construction of either Build Alternative, the CRMP would include an Emergency Action Program (EAP), to address any potential archaeological impacts outside the current archaeological APE. This would include the requirement of an archaeologist certified by the Register of Professional Archaeologists (RPA) on the preliminary engineering team to address any potential archaeological issues that may be relevant to the final design of the FSTC. Measures for avoidance or minimization of effects to these other historic sites or archaeological resources would be included in the MOA for the project (included in Appendix H).

The Word Trade Center (WTC) site, a National Register-eligible historic resource, may be affected by the construction and permanent operation of the RW - E Connector, which would be located beneath Church Street near the Dey Street Passageway, and may require construction or be permanently located within the eastern boundary of the WTC site, where a remnant foundation wall from the former Hudson & (H&M) railroad terminal exists. This wall is a remnant of the former H&M railroad facilities that ultimately became the Port Authority Trans-Hudson (PATH) in association with construction of the WTC. While realignment or removal of a portion of this wall would constitute a physical change in this element of the historical site, it is not a contributing element and therefore would not diminish the characteristics of location, setting, feeling, materials and association with the events of September 11 that qualify the WTC site for inclusion on the National Register. The precise location of the RW - E Connector would be determined as engineering advances and would be developed in cooperation with the Port Authority of New York and New Jersey (PANYNJ) and the Development Corporation (LMDC), as the Permanent WTC PATH Terminal and WTC site and Memorial is developed. Construction of the RW - E Connector would not have any adverse effects on the WTC as a historic resource, as construction of the RW - E Connector would not diminish the WTC site’s integrity of location, setting, feeling, materials or association with the events of September 11.

As noted above, the National Register-eligible Hays Building at 21-23 Maiden Lane is located within the John Street-Maiden Lane Historic District, but is outside the APE; it would not be affected by construction activities as it is located more than two (2) city blocks from the closest area of proposed construction of the FSTC.

The Federal Transit Administration (FTA) and NYCT have determined that the construction of the FSTC will have adverse effects on historic properties under either Alternative 9 or Alternative 10.

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The FTA and NYCT would resolve adverse effects of the FSTC on historic properties through the MOA referenced above (see Appendix H). To ensure maximum protection of the historic resources, NYCT assumes in the draft MOA that there will be an adverse effect. FTA and NYCT will develop and implement the MOA in consultation with the SHPO and the Advisory Council on Historic Preservation (should it choose to participate in the consultation). The MOA would contain specific measures by which identified impacts would be avoided, minimized or mitigated. The MOA would also set forth the process and procedures for consultation, determination of effect and resolution of any as yet unidentified adverse effects that would govern the planning, design and implementation of the project from the date of the MOA’s execution.

Initial and full operation of the FSTC (selected study years 2008 and 2025), would not have any adverse effects on historic resources in the APE. Under Alternative 9, the Corbin Building would remain in private ownership and would not be a recipient of Federal preservation protection. Under Alternative 10, the Corbin Building would be publicly owned and would be assured of Federal preservation protection under the MOA between the FTA, MTA and SHPO (see Appendix H). The construction of the Entry Facility and Dey Street Access Building would not require the removal of any buildings within the John Street-Maiden Lane Historic District. The design of the FSTC would be compatible with its context and historic setting and no adverse effects on the John Street-Maiden Lane Historic District are expected. Table 11-1 summarizes potential cultural resources impacts associated with the FSTC.

11.2 GUIDELINES AND REGULATIONS

The NHPA and associated regulations establish procedures for the determination of impacts to cultural resources and form the basis for the steps outlined below.

Step 1: Determine the APE

The APE is the geographic area in which the project may cause effects to significant cultural resources directly through construction; indirectly through construction or operation; or cumulatively through other past, present or future actions undertaken in the community. The APE is influenced by the scale and nature of an undertaking and may be different for different kinds of effects caused by it (36 C.F.R. 800.16).

Step 2: Identify Historic Properties and the Possibility of Archaeological Resources Being Present Within the APE

Section 106 of the National Historic Preservation Act (36 C.F.R. Part 800) defines a historic property as “any prehistoric or historic site, building structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior.” Properties listed on or determined eligible for the National Register include archaeological resources.

Step 3: Determine Effects

The standard for determining effects of an action on historic properties is based on the Criteria of Adverse Effect defined in 36 C.F.R. 800.5(a) (1). An adverse effect is found when an action may alter characteristics of a historic property that qualify it for inclusion on the National Register in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feeling or association. Adverse effects may include reasonably foreseeable effects caused by the action that may occur later in time, be farther removed in distance, or be cumulative.

Consistent with these regulations, the analysis of the No Action and Build Alternatives’ effects on archaeological and historic resources is being conducted in coordination with the SHPO. Consultation has also been undertaken with the LPC.

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Table 11-1 Summary of Comparison of Alternatives: Cultural Resources

2025 2005/2006 Planned Action 2008 (Full (Construction) (for 2005/2006 Impact) (Initial Operation) Operation) Corbin Building remains in private ownership without No Action No impacts. N/A As 2008 benefits associated with long term public ownership.

No archaeological resources likely to be encountered. CRMP implemented to address N/A No impacts. potential design changes outside existing APE. As 2008 Corbin Building remains in Corbin Building structurally isolated and protected. private ownership without N/A Underpinning or similar support likely required. benefits associated with long term public ownership. Historic buildings protected AT&T Building (195 Broadway) underpinned. No subject to EPCs, CEPP and alterations to historic features proposed. Section 106 requirements, including the MOA. Alternative 45 Station rehabilitation 9 conforms to U.S. Department of 45 Station rehabilitated. the Interior (USDOI) Standards for the Rehabilitation of Historic Buildings and MOA. As 2008 No impacts.

RW-E Connector constructed between Dey Street Passageway and WTC Site. No impacts on N/A National Register eligibility of WTC Site.

Potential vibration and ground settlement impacts Historic buildings protected on Corbin Building, John Street- Maiden Lane (1) subject to EPCs, CEPP and Historic District (Dennison Building) , East River Section 106 requirements, Savings Bank, St. Paul’s Chapel and Graveyard, including MOA. and Bennett Building.

No archaeological resources likely to be encountered. CRMP implemented to address N/A No impacts. potential design changes outside existing APE.

Corbin Building adaptive reuse Corbin Building acquired by

conforms to USDOI Standards MTA and integrated with Corbin Building integrated with FSTC Entry for the Rehabilitation of Historic FSTC Entry Facility and is As 2008 Facility. Buildings and MOA. subject to benefits associated with long term public ownership. (1) Historic buildings protected AT&T Building, (Dennison Building) subject to EPCs, CEPP and underpinned. No alterations to No impacts. Section 106 requirements, Alternative historic features proposed. including MOA. 10 45 Station rehabilitation conforms to USDOI Standards 45 Station rehabilitated. No impacts. for the Rehabilitation of Historic Buildings and MOA.

RW-E Connector constructed between Dey N/A No impacts. Street Passageway and WTC Site. No impacts on As 2008 National Register eligibility of WTC Site.

Potential vibration and ground settlement impacts Historic buildings protected on Corbin Building, John Street- Maiden Lane subject to EPCs, CEPP and Historic District Dennison Building1, East River No impacts. Section 106 requirements, Savings Bank, St. Paul’s Chapel and Graveyard, including MOA. and Bennett Building. 1 The Dennison Building is a contributing element in the John Street-Maiden Lane Historic District but is not individually eligible for the National Register. Source: Louis Berger Group, Inc., 2004.

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Regulations implementing Section 106 of NHPA define the APE as the location(s) where “an undertaking may directly or indirectly cause alterations in the character or use of historic properties (including archaeology), if any such properties exist.” The regulations define “effect” as “alteration to the characteristics of a historic property qualifying it for inclusion in or eligibility for the National Register of Historic Places.” An adverse effect occurs “when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property’s location, design, setting, materials, workmanship, feeling or association” (36 C.F.R. 800.5(a)(1)).

The analysis identifies activities specific to the project that could affect historic properties or archaeology, such as: ground disturbance; demolition of existing buildings or structures; alteration of existing buildings or structures; introduction of new elements into an existing environment; or changes in land use. Some projects may involve all these types of activities and more, while others may be limited to one (1) or two (2) of these activities. The physical extent of the APE is, therefore, based on the known or reasonably- predicted physical extent of the various activities that are expected to occur during or as a result of implementation of the project.

11.3 ENVIRONMENTAL PERFORMANCE COMMITMENTS (EPCs)

The FSTC would be implemented with EPCs, which are measures that would be proactively implemented to avoid or reduce potential impacts of the FSTC. With regard to cultural resources, they include the following:

• Establish coordination among projects to avoid or minimize interruption in access to cultural and historic sites; • Initiate public information and involvement outreach with sensitivity to local cultural resources; • Identify public information outlets that would receive and provide current information about access during construction, to minimize interruption in access to cultural and historic sites; • Consult with the SHPO and the LPC regarding potentially impacted, culturally significant sites to ensure that all potential impacts are identified and avoided or minimized to the greatest extent possible (see below); and, • Monitor noise and vibration during construction at such sites as appropriate to ensure that such sites are not inadvertently damaged by adjacent or nearby construction.

EPCs for other resources, such as noise and vibration, and access and circulation, may also contribute to avoidance or reduction of project impacts on cultural resources. A detailed discussion of those commitments is provided in the respective chapters addressing those resources.

11.4 METHODOLOGY 11.4.1 AGENCY COORDINATION

Several activities were performed at the beginning of the cultural resource analyses to ensure that the involved parties (consultants and agencies) were fully familiar and in agreement with the intended goals, objectives and methodologies for this effort. These activities included the following:

• Participate in working sessions with the involved agencies, such as the SHPO, LPC, PANYNJ, New York State Department of Transportation (NYSDOT) and LMDC to coordinate on the methodologies proposed and to share available data, as appropriate; • Provide opportunities for public comment and input via Community Board Meetings, American Institute of Architects (AIA) open public forums and the maintenance of the NYCT website; and,

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• Establish a study area and identification of resources (see Section 11.4.2).

11.4.2 ANALYSIS ELEMENTS AND STUDY AREA

The analysis of cultural resources is presented in two (2) sections: archaeological resources and historic/architectural resources.

ARCHAEOLOGICAL RESOURCES

The APE for archaeological resources encompasses all areas subject to ground disturbance as a result of implementation of the FSTC. A resource sensitivity assessment identified known archaeological resources (i.e. resources recorded in the files of the SHPO and LPC) and resource types that could be present based on an analysis of prehistoric and historic period land use within the APE.

This assessment also considered the extent to which such potential resources, if they exist, may be intact or may have been damaged or destroyed by subsequent land use over time. For each area where research indicated that archaeological resources might be present, further research was undertaken to determine original site topography and any subsequent alterations through filling, grading, development, or other activities. The objective of this assessment was to identify locations where any archaeological resources, if originally present, may have survived later disturbances. Areas that may have archaeological resources are considered to be archaeologically “sensitive.” Areas where it can be demonstrated that modern urban development activities have disturbed the potential locations of archaeological resources are characterized as “disturbed” and do not require further assessment for archaeological resource potential.

For archaeologically sensitive areas, professional archaeologists would outline a program of additional documentary research, field testing and/or mitigation measures that would be undertaken prior to any construction. Generally, the steps would include additional research and field testing to identify whether any archaeological resources are actually present on the sites and, if so, whether the resources are eligible for the National Register. Then, for any such resources, a range of possible mitigation measures would be identified, including avoidance, data recovery and curation.

Delineation of the APE for archaeology for the FSTC began with the areas where ground disturbance could affect archaeological resources if such resources are present (see Figure 11-1: Archaeological Resources APE). These areas of ground disturbance are as follows:

• The Entry Facility, located between Broadway, Fulton and John Streets (Block 79, Lots 15, 16, 18, 19 and 21); • The Dey Street Passageway, to be constructed below Dey Street, connecting the RW line Cortlandt Street Station with the Existing Complex; • The Dey Street Access Building at the south corner of Dey Street and Broadway. This building would include a stairway, escalator and ADA elevator; • Improvements to the AC mezzanine that runs west below Fulton Street from and including William Street, in particular the proposed widening of that portion of the mezzanine lying west of Nassau Street; • Improvements to the 23 Fulton Street Station at William Street; and • The RW - E Connector below the west side of Church Street, south of .

The FTA and NYCT consulted with the SHPO concerning the initially proposed archaeological APE via letter in December 2003. SHPO’s concurrence was received by letter dated February 13, 2004 (see Appendix H). This APE was subsequently updated to include the RW - E connector listed above.

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William Street Fulton Street WTC Site

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Cortlandt Street ot 9A Route Maiden Lane

Church Street Liberty Street ,. Fulton Street Transit Center

Cedar Street Primary Study Area Area of Potential Effect (APE) 050 100 200 300 400 for Historic Resources Feet Thames Street Figure 11-2 Source: NYCE Map GIS MTA New York City Transit Fulton Street Transit Center DEIS

HISTORIC/ARCHITECTURAL RESOURCES

The APE for historic/architectural resources encompasses all locations where significant resources could be directly or indirectly affected by the FSTC (see Figure 11-2; Historic Resources APE). The analysis identified historic/architectural resources that are listed on or considered eligible for inclusion on the National and State Registers.

Assessment of impacts to significant historic/architectural resources considers potential direct physical impacts (destruction, damage, or physical alteration from construction or operation of the FSTC) and indirect impacts. For the latter, the cultural resources analysis draws on information from other environmental studies prepared for the DEIS to determine impacts under NEPA and adverse effects under NHPA.

Construction of the Entry Facility would involve the deconstruction of existing buildings, specifically buildings currently located at 194, 198, 200, 204 and 189 Broadway, so the APE includes the locations of these buildings. The APE encompasses the Corbin Building at 192 Broadway, because it is adjacent to buildings to be removed; it also extends west and includes the WTC site (see Figure 11-2), to address any potential effects from construction of the RW - E Connector.

Removal of buildings and construction activities associated with the FSTC could affect adjacent buildings that share party walls or foundations with the deconstructed buildings, have walls or foundations abutting those buildings, or are close enough that construction-related ground vibration could damage their foundations or structural systems. In accordance with the New York City Department of Buildings Technical Policy and Procedure Notice No. 10/88 regarding potential construction-related damage to historic structures, the APE includes locations of buildings contiguous to or within a lateral distance of 90 feet from the FSTC. The APE therefore encompasses approximately the locations of buildings at a distance of 90 feet from 192 Broadway, 195 Broadway, 15 John Street, buildings flanking Dey Street from Church to Broadway, buildings flanking Fulton Street from Broadway to William Street, buildings flanking William Street from Ann Street to John Street, and on the northeast corner of John and William Streets.

The geographic extent of visual impacts resulting from the introduction of new elements into an existing historic built environment are typically linked to the extent to which the new element is visible from various vantage points from within and outside of that environment. The proposed Entry Facility would be up to five (5) stories high and would stand within the perimeter formed by the footprints of the buildings now existing on the site. The APE, therefore, has been further expanded to include locations from which the proposed FSTC and its adjacent built environment would be or could be visible. Such locations would encompass properties on the west side of Broadway from approximately Barclay to Cortlandt Streets, on the north side of Fulton Street east of Nassau Street and on John Street east of Nassau Street. The built environment encompassed in views of the proposed Entry Facility would also be included in the historic APE. This includes Broadway from approximately Barclay Street to Maiden Lane and the south side of Fulton Street west of Nassau Street (see Figure 11-2).

The FSTC would not introduce a new land use to this area; rather, it involves the repair and enhancement of a long-existing major public transportation facility and the building of a street-level focal point for that facility in the form of the Entry Facility. For the purposes of this analysis, it is assumed that any land use changes involving historic buildings that could reasonably be attributed to the FSTC would be confined to the area heretofore described.

To place the historic APE of the FSTC in the overall context of historic resources in Lower Manhattan, a larger secondary study area was defined. This area comprises Lower Manhattan below Chambers Street (see Figure 11-3).

May 2004 11.0 Cultural Resources 11-10 Tribeca West Approximate Tribeca East Project Location Study Area

Historic Resources, by Type: National Historic Landmark (see Table 11-2) Tribeca African Burial South Grounds and Listed on the National or State Register of the Commons Historic Places, Eligible for Listing on the National or State NYC Landmark (see Table 11-2) Tribeca Historic Districts South Extension

John Street/ Maiden Lane

South Street Stone Seaport Street

Fraunces Tavern ,.

Designated Historic Resources in Secondary Study Area

Sources: Landbase, NYC DoITT; NYC DCP. Figure 11-3 MTA New York City Transit Fulton Street Transit Center DEIS

FTA and NYCT consulted with the SHPO concerning the historic APE via letter in December 2003. SHPO’s concurrence with the initially proposed historic properties APE was received by letter dated February 13, 2004 (see Appendix H). As preliminary planning progressed, FTA and NYCT subsequently determined that the historic resources APE needed to be expanded to include the location of the proposed RW - E Connector at the eastern edge of the WTC Site.

11.5 AFFECTED ENVIRONMENT

This chapter provides an overview of the Affected Environment, whereas a detailed background analysis of cultural resource issues is presented in Appendix H.

11.5.1 PREHISTORIC CONTEXT

Three (3) major periods are commonly used to describe the prehistoric cultures of New York: Paleoindian; Archaic; and Woodland. The Paleoindian period dates from approximately 11,000 to 10,000 BP1 (Curran, 1996; Fiedel, 1999), and its economy may have centered on the hunting of game. Although other economic activities, such as the gathering of plant foods or maritime resources, may have been equally important (Jones, et al., 2002, Roosevelt, et al., 1996; Sandweis, et al., 1998), they have left little or no trace in the archaeological record. Given the absence of known Paleoindian remains in the area, the potential for recovering cultural resources from the study area is low.

The Archaic period (10,000 to 3000 BP, or 8000 to 1000 BC2) is divided into Early, Middle and Late sub- periods, distinguished by differences in tool assemblages, projectile point types and preferred lithic materials. Of the several Early-Archaic sites (8000 to 6000 BC) identified in the City, most are located and now are identified in the primary study area.

The Woodland-period occupation (circa 700 BC to AD3 1500) in the City is characterized by the introduction of ceramic technology. Several Woodland sites have been identified in the City, but only a few sites on Manhattan have yielded Woodland period material. The end of the Woodland Period is marked by the encounter between the indigenous Native American population occupying the metropolitan region and European explorers. Evidence of this interaction between the native population and the European explorers has been documented archaeologically in Staten Island (Skinner, 1909), (Skinner, 1919), and Manhattan (Skinner, 1920).

The principal Native American group in the area, the Munsee, had a settlement in Lower Manhattan just north of New Amsterdam in proximity to the Collect and Little Collect, spring-fed freshwater ponds located in what is now Foley Square (Geismar, 1993; Harris, et al., 1993). The area of City Hall Park would have been a desirable location for Native American settlement as it was comparatively level and close to the freshwater ponds, as well as swampland and the East River. Valentine (1856:426) noted that the location of City Hall marked the former site of “a large Indian village.”

By the time of permanent Dutch settlement at Lower Manhattan in 1623, the Munsee way of life was forever changed through the introduction of European items, including guns, metal, alcohol and glass.

11.5.2 HISTORIC CONTEXT

Europeans probably first set foot on Manhattan during Henry Hudson’s 1609 voyage up the river that now bears his name (Burrows and Wallace 1999:15). Following Hudson’s travels in the New York City area, Adriaen Block, sailing for the New Netherland Company, made four (4) trips to Manhattan. On the fourth trip in 1613-14, his ship, the Tyjger, burned where it rested on the western shore of Manhattan. In

1 BP = Before Present, taken as before 1950 2 BC = Before Christ 3 AD = Anno Domini

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1916, during construction of the IRT subway at the intersection of Dey and Greenwich streets, the charred keelson of the Tyjger was uncovered. Although the remainder of the ship’s hull was left in place, no further remains of the Tyjger were uncovered until the 1960s during construction of the WTC (Solecki, 1974). Block’s forced winter stay represents the first European settlement on Manhattan, with the Dutch sailors relying on the local Munsee for food. The remains of the Tyjger represent the earliest archaeologically documented European activity on Manhattan.

In May of 1623, the New Netherland sailed into New York Harbor with thirty Dutch families, mostly French-speaking Walloons, representing around 120 people (Gilder, 1936). These settlers were sent by the Dutch West India Company to create a permanent settlement to be called New Amsterdam. The New Netherland landed at the southern shore of Manhattan, about where and Battery Place now intersect (Gilder, 1936:4), as Greenwich Street runs along what was then the western shore of Manhattan. These colonists immediately began constructing a fort for their protection from the elements and the local Munsee population.

These families settled at various locations in the metropolitan area, including parts of what are now Staten Island, Brooklyn and Jersey City. This dispersed pattern was designed to strengthen the Netherland Company’s territorial claims to the New York City area. When Peter Minuit assumed control of New Amsterdam in 1626, he recognized the hazards of a dispersed population pattern and concentrated the colonists on Manhattan after his famous purchase of the island from the Native American inhabitants. The settlement on Manhattan grew slowly throughout the middle years of the 17th Century. The settlement on Manhattan continued to be concentrated at the southern tip of the island for most of the 18th Century, although farms and villages were located farther north. The location of the proposed FSTC was part of a farm called the “King’s Farm”, property owned by the English crown. This farm had originally been called the “Company’s Farm” by the Dutch, which they had set aside for use by the Company only. When the English took over the Dutch territories in the New World, the Company’s Farm was handed over to the Duke of York. When he ascended to the English throne, the land became known as the King’s Farm and when Queen Anne came to power in 1702, it was known as the “Great Queen’s Farm”. Governor Lord Cornbury granted the entire estate to the English Church of Manhattan Island in 1705 (Janvier, 1894). Eventually, this land came to be owned by a Thenius Dey, a Dutch gardener and miller in the 18th Century (Feirstein, 2001:26). The modern Dey Street, which had also been known as “Batteau Street”, is named for this Dutch gardener (Stokes 1915:997).

After the Civil War, various factors (in particular rapid population growth, increasing industrialization, the domestic revolution with its consequent separation of the home and the workplace and construction of roads) led to the expansion of Manhattan. Streets had been established within the project area by the end of the war as the remainder of the Queen’s Farm had been divided up and sold off by the English crown. Modern Fulton Street was known as Partition Street and Church Street did not continue northward past Cortland Street until 1867 (Greenhouse Consultants 1985:10).

11.5.3 ARCHAEOLOGICAL RESOURCES

In 2003, NYCT commissioned a Phase IA literature search to assess the potential of the archaeological APE (Figure 11-1) to contain prehistoric or historic-period archaeological resources that, if present, could be affected by the FSTC Build Alternatives 9 and 10 (see Appendix H). Early 19th Century maps of the project area indicated that residential structures had been constructed in the project area, but it was not until the mid-19th Century that maps with sufficient detail were available to ascertain the types of structures within the archaeological APE. The Dripps 1851 map of the project area indicates that the location of the Entry Facility is entirely occupied by structures, demonstrating that the entire footprint of the proposed Entry Facility has been disturbed.

The proposed Dey Street Passageway is located entirely within Dey Street, an area that lacks any indication of historic period structures and therefore lacks potential historic archaeological resources that could be expected from such development. The proposed RW - E connection does travel through the

May 2004 11.0 Cultural Resources 11-13 MTA New York City Transit Fulton Street Transit Center DEIS foundations and backyards of structures fronting on both Dey and Fulton Streets. It was not until the late 19th Century, however, that Church Street was constructed through the blocks between Fulton, Dey and Cortlandt Streets. The construction of the RW line in the early 20th century would, nevertheless, have destroyed any potential archaeological resources within the proposed RW - E connection. Lastly, the Dey Street Access Building at the south corner of Dey Street at Broadway is located within the limits of the existing structure.

Historic maps consulted from the late 19th and early 20th Centuries confirm the observations made from the Dripps map. The extension of Church Street through Cortlandt, Dey and Fulton Streets was the next significant change to the project area, occurring in 1867. When this occurred, a large swath of structures was destroyed along the of the proposed RW - E connection.

The construction of the subway lines through the project area in the early 20th Century further disturbed the project area and destroyed any potential archaeological resources within several portions of the archaeological APE. Specifically, the construction of the RW line would have disturbed the portion of the archaeological APE and the 45 line would have disturbed the location for the proposed Dey Street Access Building at the south corner of Dey Street at Broadway and the two (2) proposed staircases at the southwest and southeast corners of Broadway and Maiden Lane, as well as the location of other minor project elements throughout the APE (see Chapter 4: Construction Methods and Activities, for full description of project elements).

Further disturbances to the archaeological APE have occurred throughout the 20th Century with the installation of utilities within the street bed of Dey Street. Additionally, the archaeological potential of the proposed Dey Street Passageway is considered to be low as there were never any historic structures within Dey Street that might have produced the residues conducive to creating significant historic archaeological resources, i.e., Dey Street was not located in the backyards of residential structures where privies or cisterns could have been filled in with historic period refuse. Therefore, the presence of utilities within Dey Street greatly diminishes its archaeological resource potential. In summary, it is considered that the potential for historic archaeological resources within the archaeological APE is extremely low.

11.5.4 HISTORIC RESOURCES

In late 2002, NYCT commissioned National Register of Historic Places evaluation reports for those buildings (numbering eight (8)) on or immediately adjacent to lots that might be acquired by NYCT for construction of the FSTC. These reports, prepared by consultant Mary Dierckx, were submitted to SHPO in October 2002.

NYCT also compiled information about historic architectural resources in the APE and the secondary study area that are on record at the SHPO and LPC. These included: resources listed in or formally determined eligible for inclusion in the National Register of Historic Places; resources that have been designated City Landmarks or that are under consideration for this designation; and resources that have not yet been formally evaluated but have been identified by knowledgeable persons or groups (e.g., Lower Manhattan Cultural Council; Lower Manhattan Emergency Preservation Fund; Historic District Council) as being of potential architectural or historical importance.

NYCT employed the public notice and scoping activities of the NEPA process related to this DEIS to solicit views and comments from the community at large. Among these activities was a public scoping meeting held in New York City on April 29, 2003. FTA and NYCT also met with SHPO staff to discuss the FSTC and its potential effects on September 22 and October 9, 2003. By letter dated September 26, 2003, the SHPO provided its opinion that the Corbin Building and the John Street-Maiden Lane Historic District are eligible for inclusion in the National Register of Historic Places (see Appendix H). The Corbin Building has since been listed on the National Register.

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Table 11-2 catalogues National Historic Landmarks, State/National Register-listed historic districts and buildings, and State/National Register-eligible historic districts and buildings4. The following identified historic resources5 are located within the APE:

Corbin Building, 192 Broadway. National Register-listed. This eight (8)-story 1888 office building was designed by Francis H. Kimball at the behest of Long Island Railroad president Austin Corbin. The building features a brick, stone and terra cotta polychromy exterior and its interior vaulted ceilings employ a Guastavino tile system. The building is significant for its association with Kimball and Corbin and as a proto- and a rare surviving example of its type.

Fulton Street IRT 45 Station, Fulton Street at Broadway. National Register-eligible and a New York City Landmark. The Fulton Street Station is part of the Lexington Avenue IRT line and was built under New York City’s second subway construction contract, which extended the line south from City Hall into Brooklyn. The station was designed by Heins and LaFarge and features faience reliefs of the Clermont, Robert Fulton’s steamboat. The Clermont was the first steamboat successfully put into use and its maiden voyage was between New York and Albany on the Hudson River. The walls adjacent to the platforms, encompassing the glazed and mosaic tile, faience and terra cotta plaques and moldings and marble wainscoting, are included in the designation.

Former AT&T Building, 195 Broadway. National Register-eligible. Also known as the Kalikow Building, the 25-story neoclassical office building was designed by William Welles Bosworth and constructed 1912-1913, with additional work between 1921 and 1924. Bronze panels by New York sculptor Paul Manship, best known for his classically and mythologically-inspired work, top the entrances fronting on Broadway. The building is clad in Vermont granite and features and a tower surmounted by a stepped crown patterned after that on the Mausoleum of Halicarnassus. The building was the first home of the AT&T Company.

Former East River Savings Bank Building, between Dey and Cortlandt Streets at Church Street. National Register-eligible. This monumentally-scaled bank building was constructed in 1933-34 from designs by the architectural firm of Walker & Gillette. Clad with Alabama limestone, the building features identical entrances on Dey and Cortlandt Streets. Each entrance consists of a rounded niche filled with a monumental architrave of grey Quincy granite capped by a round seal flanked by stylized eagles and incised with the name of the institution. The extremely large rectangular windows illuminate an imposing banking hall stretching the full length of the building that is finished with a variety of colored marbles and a mural of the former East River by artist Dale Stetson.

Bennett Building, 139 Fulton Street. National Register-eligible and a New York City Landmark. Originally built in 1872-73, this building was enlarged to 10 stories between 1892 and 1894. With 10- story cast iron façades that face Fulton, Nassau, and Ann Streets, it is believed to be the tallest cast iron building ever erected. It was commissioned as a real estate investment by James Gordon Bennett, Jr., publisher of the newspaper. When originally erected, it was a seven (7)-story French Second Empire structure, designed by Arthur D. Gilman. The original mansard roof was removed and four (4) stories were added in 1892-93 in a design by James M. Farnsworth that replicated the original castings. In 1894, Farnsworth designed a 25-foot-wide section on Ann Street.

John Street-Maiden Lane Historic District. National Register-eligible. Approximately bounded by John and Fulton Streets to the north, Liberty Street to the south, Broadway to the west and Dutch and Nassau Streets to the east (see Figure 11-3). SHPO (September 2003) confirmed that the boundary of this district

4 National Historic Landmarks are considered listed in the National and New York State Registers of Historic Places. Properties that are listed on or eligible for listing on the National Register of Historic Places are also considered listed on or eligible to be listed on the New York State Register of Historic Places. 5 This includes National Historic Landmarks and State/National Register-listed or -eligible resources. If a building is also a New York City Landmark, it is so noted.

May 2004 11.0 Cultural Resources 11-15 Table 11-2 Fulton Street Transit Center Designated Federal and State Historic Resources in the Secondary Study Area

STREET SR/NR- SR/NR- NAME STREET/ LOCATION NHL (1) NUMBER LISTED (2) ELIGIBLE (3) Historic Districts Below Worth Street and bounded by 1 African Burial Grounds and the Commons Historic District XX Broadway, Duane Street, and Park Row Between Pearl, Water and Broad Streets 2 Block Historic District X and Coentities Slip Roughly bounded by Fulton Street to the north, Liberty Street to the south, 3 John Street-Maiden Lane Historic District X Broadway to the west and Dutch and Nassau Streets to the east Bounded roughly by Fletcher, Front, Water 4 Seaport Historic District Pearl and South Streets and the East River X and the Brooklyn Bridge Bounded by Stone, Pearl, South and 5 Historic District X William Streets and William Lane Warren Street, connecting with existing 6 Tribeca South Historic District Extension Tribeca South Historic District and X encompassing 41-56 Warren Street Buildings 1 St. Peter's School 16 Barclay Street X 2 St. Peter's Roman Catholic Church 22 Barclay Street X 3 Battery Park X 8 Delmonico's 56 Beaver Street X 16 United States Customs House Bowling Green X X

17 8-18 (a.k.a. 11 Court) X X

18 25 Broad Street X 23 American Bank Note Company 70 Broad Street X International Mercantile Marine Company Building/U.S. Lines 27 1 Broadway X (SR) (4) Building 28 Bowling Green Building 11 Broadway X 29 Cunard Building 25 Broadway X 30 Standard Oil Building X 37 American Express Company X 38 Empire Building 71 Broadway X 39 100 Broadway X 40 Trinity Building 111 Broadway X (SR)(5) X 41 U.S. Realty Building 115 Broadway X 42 Equitable Building 120 Broadway X X 47 Corbin Building 192 Broadway (a.k.a. 11 John Street) X 48 AT&T Building 195 Broadway X 53 233 Broadway X 59 St. Paul's Chapel and Graveyard Broadway at Fulton Street X 60 Trinity Church and Graveyard Broadway at Wall Street X X 61 Benett Building 139 Fulton Street X U.S. Post Office & Federal Office Building/Church Street 77 90 Church Street X Station 85 City Bank-Farmers Trust Company X 121 Hanover Bank/India House X Hudson River at West Street and Battery 123 Pier A X Street 131 John Street Methodist Church 44 John Street X 138 Insurance Company of North America 99 John Street X 143 Liberty Tower 55 Liberty Street X 144 Chamber of Commerce of the State of New York 65 Liberty Street X X 180 First Precinct Police Station 100 Old Slip X 182 23 Park Place X 183 25 Park Place X 184 Dodge Building 53 Park Place X 195 56-58 Pine Street Building 56-58 Pine Street X 196 The Downtown Association Building 60 Pine Street X 200 Battery Maritime Building 11 South Street X 201 7 X 207 American Stock Exchange/New York Curb Exchange 78-86 Trinity Place X X 208 New York County Lawyer's Association 14 Vesey Street X 209 Old New York Evening Post Building 20 Vesey Street X 215 J.P. Morgan & Co. X 216 National Memorial 28 Wall Street X 219 Manhattan Company Building X 220 Bank of New York and Trust Company X 266 The Little Woolworth Building X Other Resources 267 World Trade Center Site Church Street X

S/R = State Register of Historic Places N/R = National Register of Historic Places NHL = National Historic Landmark Notes 1. NHLs are automatically considered listed in the National and New York State Registers of Historic Places. 2. Properties listed in the National Register are listed in the State Register automatically. 3. Properties determined eligible for inclusion in the National Register are considered eligible for inclusion in the State Register. 4. International Mercantile Marine Company Building (27) is listed in the State Register; no determination has been made on National Register eligibility. 5. Trinity Building (40) is listed in the State Register, and has been determined eligible for the National Register. MTA New York City Transit Fulton Street Transit Center DEIS includes the Corbin Building at 192 Broadway (National Register-eligible), and other non-designated historic buildings such as the Dennison Building at 15 John Street, and excludes the buildings fronting Broadway to the north, the Girard Building at 194 Broadway, and 198 Broadway. The district is significant as an area of late-19th and early-20th century skyscraper office buildings. Most of the buildings pre-date the 1916 Zoning Resolution that established setback requirements and represent experimental forms in early skyscraper design. The buildings were built speculatively based on their proximity to Wall Street, and many originally housed aspects of the jewelry industry.

St. Paul’s Chapel and Graveyard, Broadway at Fulton Street. A National Historic Landmark and a New York City Landmark. One of a handful of pre-Revolutionary War buildings still standing in Lower Manhattan, St. Paul’s Chapel was built 1764-1766 and designed by Thomas McBean. The building is constructed of rough-faced schist with a brownstone trim. A five (5)-story tower designed by James C. Lawrence was added in 1794. French architect Pierre L’Enfant, best known as the author of the city plan for Washington, D.C., designed much of the ornate, classical interior. A graveyard surrounds the chapel on three (3) sides. St. Paul’s was constructed as a chapel-of-ease for Trinity Church parishioners who lived too far away to attend services at the mother church and is New York City’s oldest public building in continuous use and only remaining colonial-era church.

WTC Site, bounded by West, Liberty, Church and Vesey Streets. National Register-eligible. This approximately 16-acre site is significant for its association with the events of September 11, which caused the death of what is currently estimated to have been nearly 2,800 people from the collapse of the two (2) 110-story towers of the WTC. The site as it exists today is the result of the massive search, rescue and recovery efforts that concluded with the New York City’s return of the site to PANYNJ control and the subsequent revival of public transit services on the 19 subway and PATH in temporary facilities on the site.

11.6 ENVIRONMENTAL IMPACTS 11.6.1 INTRODUCTION

The assessment of potential impacts assumes that the FSTC would comply with applicable Federal, State and other regulations concerning the protection of cultural resources.

Potential effects on cultural resources can be either physical or contextual. Direct physical effects can occur as a result of removal, damage or alteration of an archaeological or historic resource. Contextual effects can arise when the setting of a resource is altered as a result of the introduction of visual, audible, or atmospheric effects which adversely affect the resource and its setting.

11.6.2 PRE-SEPTEMBER 11 REFERENCE CONDITION

For the purposes of the analysis, the existing conditions in 2003 in the project study area with respect to cultural resources were considered to be representative of conditions that existed prior to the events of September 11 (see Chapter 2: Analysis Framework). The events of September 11 were not considered to have significantly affected cultural resources in the study area as they relate to the environmental review of the FSTC, with the exception of the WTC site, which is now deemed eligible for the National Register. Therefore, for cultural resources, the future conditions with and without the FSTC were assessed against existing 2003 conditions, projected forward to each of the three (3) analysis years.

May 2004 11.0 Cultural Resources 11-17 MTA New York City Transit Fulton Street Transit Center DEIS 11.6.3 ANALYSIS YEAR 2005/2006 (CONSTRUCTION)

ARCHAEOLOGICAL RESOURCES

As a result of modern urban construction activities or lack of historic period occupation, intact archaeological deposits or features are unlikely to be encountered in the areas of proposed construction and ground disturbance within the archaeological APE. This analysis, therefore, concludes that neither the No Action nor either of the Build Alternatives would affect any archaeological resources.

HISTORIC RESOURCES

No Action Alternative

Under the No Action Alternative in 2005/2006, the character of historic resources in the historic resources APE would remain unchanged. As the FSTC would not be constructed, the Corbin Building would remain in private ownership.

Alternative 9

Corbin Building

Under Alternative 9, the Corbin Building would not be structurally and functionally associated with the Entry Facility except for possible retention of existing entranceways and easements that may be required during construction. Construction of the Entry Facility requires a slurry wall on the northern property line of the Corbin Building, which would not affect the structural integrity or historic features of the Corbin Building.

Depending on the findings of the geotechnical and structural investigations that would be carried out during Final Design, Alternative 9 may require underpinning of the Corbin Building. This will be determined based on whether or not there is a risk of excessive movement of the Corbin Building during the construction of the Entry Facility. Such a risk could have implications for the project cost and schedule and would necessitate the use of underpinning or a similar protective technique, such as compensation grouting. Based on information available to date, NYCT would proceed with underpinning of the Corbin Building in Alternative 9, to avoid risks related to public safety and damage to the historic resources associated with unknown construction conditions.

FTA thresholds for vibration impacts are 0.20 inch/sec. for fragile buildings and 0.12 for extremely fragile buildings. For the purposes of the analysis, the historic buildings in the study area are assumed to be fragile buildings. The FTA threshold for fragile buildings would potentially be exceeded for the Corbin Building. This could occur during the deconstruction of adjacent buildings, if improperly performed, during the installation of slurry walls or secant piles for the Dey Street Passageway and the Entry Facility. Such damage could constitute an adverse effect to this historic building due to loss or diminution of characteristics of design, materials, or workmanship that qualify the Corbin Building for inclusion in the National Register.

During construction, appropriate measures would be taken to avoid impacts on this building. These mitigation and avoidance strategies would be detailed in the MOA and CEPP, and are described further in Section 11.7 and in Appendix H.

Implementation of Alternative 9 would not be anticipated to cause an adverse effect on the Corbin Building as it is assumed that construction would be designed and implemented to be consistent with the Secretary of the Interior’s standards for treatment of historic properties (36 C.F.R. 68) and applicable guidelines. This would be determined through ongoing consultation carried out with SHPO and other appropriate agencies during the environmental review process and would be reflected in the MOA.

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Construction of Alternative 9 could affect the Corbin Building as a result of the following:

• Construction activities associated with the Entry Facility immediately adjacent to the Corbin Building; • Temporary displacement of tenants in the basement of the Corbin Building; and, • Construction activities associated with the Dey Street Access Building, Dey Street Passageway and other project elements in the vicinity of the Corbin Building.

The foundations of the Corbin Building could also be affected by subsurface excavation and construction that could make adjacent soils or structures unstable, thereby constituting adverse effect on such historic properties. During construction, appropriate measures would be taken to avoid impacts on these buildings. These mitigation and avoidance strategies would be detailed in the MOA and CEPP, and are described further in Section 11.7.

Other Historic Resources in the APE

Under Alternative 9, adverse construction effects on other historic resources in the APE would be limited. This alternative would require extensive below-ground excavation and construction, including but not necessarily limited to excavations for the new Dey Street Passageway and widening of the AC mezzanine; and demolition, excavation and foundation work for the new Entry Facility building and the new Dey Street Access Building.

Building construction noise levels at 195 Broadway and in those areas of the John Street-Maiden Lane Historic District adjacent to the project are anticipated to rise above FTA threshold criteria during construction. These elevated noise levels, however, would not alter or diminish any characteristics that qualify these resources for inclusion in the National Register.

Construction-induced ground vibration, if not managed appropriately, could potentially damage building foundations or structural systems, resulting in diminution of the buildings’ integrity with respect to materials and workmanship. FTA thresholds for vibration impacts are 0.20 inch/sec. for fragile buildings and 0.12 for extremely fragile buildings. For the purposes of the analysis, the historic buildings in the study area are assumed to be fragile buildings. The FTA threshold for fragile buildings would potentially be exceeded at the former East River Savings Bank Building, the Bennett Building at 139 Fulton Street and the AT&T Building at 195 Broadway. This could occur during the deconstruction of adjacent buildings, if improperly performed, during the installation of slurry walls or secant piles for the Dey Street Passageway and the Entry Facility. Damage associated with vibration impacts could constitute an adverse effect to these historic buildings and on the John Street-Maiden Lane Historic District, of which they form part, due to loss or diminution of characteristics of design, materials, or workmanship that qualify the buildings for inclusion on the National Register.

The foundations of the Corbin Building, St. Paul’s Chapel and Graveyard, the Bennett Building, and those of buildings in the proposed historic district located on Fulton Street west of Nassau Street, could also be affected by subsurface excavation and construction that could make adjacent soils or structures unstable, thereby constituting adverse effect on such historic properties. During construction, appropriate measures would be taken to avoid impacts on these buildings. These mitigation and avoidance strategies would be detailed in the MOA and CEPP, and are described further in Section 11.6.

The Entry Facility and Dey Street Access Building would introduce new architectural elements into the existing setting of the John Street-Maiden Lane Historic District, in the vicinity of the Corbin Building, the AT&T Building, the Bennett Building and, potentially, St. Paul’s Chapel and Graveyard. The alteration to the existing setting of the historic district would involve the removal of several buildings that lack historic or architectural significance, lack integrity, or both. The new buildings’ respective scale and massing would be consistent with those of the structures they replace and with the surrounding built environment, which includes: non-historic as well as historic buildings; stone and brick masonry facades

May 2004 11.0 Cultural Resources 11-19 MTA New York City Transit Fulton Street Transit Center DEIS as well as contemporary face brick, metal and glass facades and building heights from two (2) to 20 stories. The design approach for the new Entry Facility and Dey Street Access Building is, and would continue to be, receptive to and committed to achieving a design that respects the historic properties around it. The FSTC would not introduce, in the form of the new Entry Facility and Dey Street Access Building, visual elements that would diminish the integrity of these properties’ significant historic features. There would therefore be no adverse visual effects on historic properties.

Fulton Street 45 Station:

As part of Alternative 9, the following modifications would be made to the Fulton Street 45 Station:

• Closure of the north underpass to the AC; • Relocation of the wall behind the control booth at the Dey Street entrance and the stairs at the south side of Dey Street to an access building; • Closure of the existing John Street entrance; • Creation of openings in the existing northbound platform wall at the north and south ends of the platform; and, • Creation of openings within the existing southbound platform wall between the Fulton and Dey Street entrances.

These improvements would affect the National Register-eligible Fulton Street 45 Station as a result of changes to the existing historic fabric of the station, in particular the tiled and marble wainscoted walls adjacent to the platforms. Creation of new wall openings would involve the removal of sections of existing plain tile and wainscoting; however, the associated marble facings, and terracotta elements at these locations would be retained in place. New walls adjacent to historic walls would have treatments in keeping with the surrounding historic decorative treatments. These actions would have adverse effects. These effects will be minimized and mitigated as described in the MOA (see Appendix H) and the actions will be undertaken in a manner consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties. This would minimize and mitigate impacts on the characteristics of design, materials and ornamentation that qualify the station for inclusion on the National Register.

AT&T Building

Construction of a new set of escalators and stairs linking the new Entry Facility with the southbound 45 Fulton Street Station platform would require space within and access to portions of three (3) basement levels in the former AT&T Building at 195 Broadway. Construction would involve partial removal of floor framing in basements A and B and reinforcement of remaining floor framing in those basements; it would also require underpinning of one façade column and partial removal of steel grillages from two (2) adjacent .

These construction activities do not involve any purposeful alteration of any of the exterior architectural, design or structural characteristics that may qualify this building for inclusion in the National Register. However, if improperly performed, construction activities could potentially affect the portion of the façade associated with the column to be underpinned and/or the building’s structural stability and thus affect the building’s historic integrity, thereby resulting in adverse effects to the AT&T Building. During construction, all appropriate and practicable precautions would be taken to avoid impacts on this property. These would be detailed in the MOA and CEPP, and are described further in Section 11.7.

WTC Site

Construction of the RW - E connector would require realignment or removal of a portion of a concrete foundation wall that separates the Church Street station from the WTC site. This wall is a remnant of the former H&M railroad facilities that ultimately became PATH in association with construction of the

May 2004 11.0 Cultural Resources 11-20 MTA New York City Transit Fulton Street Transit Center DEIS

WTC. While realignment or removal of a portion of this wall would constitute a physical change in this element of the historic site, it would not diminish the characteristics of location, setting, feeling, materials, and association that qualify the WTC Site for inclusion on the National Register.

Alternative 10

Corbin Building

Under Alternative 10, the Corbin Building would be acquired by MTA and would be structurally and functionally integrated into the FSTC Entry Facility. This integration would be achieved by the underpinning of the Corbin Building (see Chapter 4: Construction Methods and Activities for full description), construction of a temporary structural support for the façade of the Corbin Building and the eventual physical integration of the ground floor and second floor of the Corbin Building with the Entry Facility (see Chapter 3: Alternatives, for full description). It is intended that the Corbin Building would be integrated into the Entry Facility in a way that is both functionally and visually compatible with the historic character of the building itself and its role in the John Street-Maiden Lane Historic District.

At this point in the conceptual design, the methods by which the Corbin Building’s basement and ground floor areas would be integrated into the Entry Facility have not yet been determined. It is likely, however, that portions of some basement and upper story walls may need to be modified to incorporate new connecting access routes. As the FSTC basement is proposed to be located almost 20 feet deeper than the existing basement level of the Corbin Building, underpinning would be needed to provide temporary construction support and permanent foundations once the Building is integrated into the Entry Facility. This would require a 20-foot deep excavation beneath the Corbin Building.

The incorporation of the Corbin Building into the Entry Facility would require substantial alterations to the existing structure of the Corbin Building. These alterations would be large new openings in the north wall of the Corbin Building, which could cause structural members in the existing Corbin Building to be overstressed, triggering a seismic upgrade incompliance with relevant State and City codes. The upgrade will consist of strengthening the building lateral load system and floor diaphragms.

In certain locations, removal of portions of floors or of exterior walls may be beneficial to the new use to accommodate the movement of the public through the Entry Facility to the various levels of the new building. Rehabilitation and code compliance upgrading for other NYCT uses (e.g. office support) or other suitable business tenants may also require the alteration of existing historic features.

Construction of the FSTC would affect the Corbin Building as a result of the following:

• Adaptive reuse of the Corbin Building within the FSTC Entry Facility (see Chapter 3: Alternatives and Chapter 4: Construction Methods and Activities, for full description); • Location of the Entry Facility immediately adjacent to the Corbin Building; and, • Construction activities associated with the Dey Street Access Building, Dey Street Passageway and other project elements in the vicinity of the Corbin Building.

FTA thresholds for vibration impacts are 0.20 inch/sec. for fragile buildings and 0.12 for extremely fragile buildings. For the purposes of the analysis, the historic buildings in the study area are assumed to be fragile buildings. The FTA threshold for fragile buildings would potentially be exceeded for the Corbin Building. This would occur during the deconstruction of adjacent buildings, if improperly performed, during the installation of slurry walls or secant piles for the Dey Street Passageway and the Entry Facility. Such damage would constitute an adverse effect to this historic building due to loss or diminution of characteristics of design, materials, or workmanship that qualify the Corbin Building for inclusion in the National Register.

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The foundations of the Corbin Building would also be affected by subsurface excavation and construction that could make adjacent soils or structures unstable, thereby constituting adverse effects on such historic properties. During construction, appropriate measures would be taken to avoid impacts on these buildings. These mitigation and avoidance strategies would be detailed in the MOA and CEPP, and are described further in Section 11.7.

Other Historic Resources in the APE

Under Alternative 10, adverse construction effects on other historic resources in the APE would be limited. This alternative would require extensive below-ground excavation and construction, including but not necessarily limited to excavations for the new Dey Street Passageway and widening of the AC mezzanine; and demolition, excavation and foundation work for the new Entry Facility building and the new Dey Street Access Building.

Construction-induced ground vibration, if not managed appropriately, could potentially damage building foundations or structural systems, resulting in diminution of the buildings’ integrity with respect to materials and workmanship. FTA thresholds for vibration impacts are 0.20 inch/sec. for fragile buildings and 0.12 for extremely fragile buildings. For the purposes of the analysis, the historic buildings in the study area are assumed to be fragile buildings. The FTA threshold for fragile buildings would potentially be exceeded at the former East River Savings Bank Building, the Bennett Building and the AT&T Building. This could occur during the deconstruction of adjacent buildings, if improperly performed, during the installation of slurry walls or secant piles for the Dey Street Passageway and the Entry Facility. Such damage would constitute an adverse effect to these historic buildings and on the John Street-Maiden Lane Historic District, of which they form part, due to loss or diminution of characteristics of design, materials, or workmanship that qualify the buildings for inclusion on the National Register.

The foundations of St. Paul’s Chapel and Graveyard, the Bennett Building and those of buildings in the proposed historic district located on Fulton Street west of Nassau Street, could also be affected by subsurface excavation and construction that could make adjacent soils or structures unstable, thereby constituting adverse effects on such historic properties. During construction, appropriate measures would be taken to avoid impacts on these buildings. These mitigation and avoidance strategies would be detailed in the MOA and CEPP, and are described further in Section 11.7.

The Entry Facility and Dey Street Access Building would introduce new architectural elements into the existing setting of the John Street-Maiden Lane Historic District, in the vicinity of the Corbin Building, the AT&T Building, the Bennett Building and, potentially, St. Paul’s Chapel and Graveyard. The alteration to the existing setting of the historic district would involve the removal of several buildings that lack historic or architectural significance, lack integrity, or both. The new buildings’ respective scale and massing would be consistent with those of the structures they replace and with the surrounding built environment, which includes: non-historic as well as historic buildings; stone and brick masonry facades as well as contemporary face brick, metal and glass facades and building heights from two (2) to 20 stories. The design approach for the new Entry Facility and Dey Street Access Building is, and would continue to be, receptive to and committed to achieving a design that respects the historic properties around it. The FSTC would not introduce, in the form of the new Entry Facility and Dey Street Access Building, visual elements that would diminish the integrity of these properties’ significant historic features. There would therefore be no adverse visual effects on historic properties.

Fulton Street 45 Station:

Under this alternative, the following modifications would be made to the Fulton Street Station:

• Closure of the north underpass to the AC; • Relocation of the wall behind the control booth at the Dey Street entrance and the stairs at the south side of Dey Street to an access building;

May 2004 11.0 Cultural Resources 11-22 MTA New York City Transit Fulton Street Transit Center DEIS

• Closure of the existing John Street entrance; • Creation of openings in the existing northbound platform wall at the north and south ends of the platform; and, • Creation of openings within the existing southbound platform wall between the Fulton Street and Dey Street entrances.

These improvements would affect the National Register-eligible Fulton Street 45 Station as a result of changes to the existing historic fabric of the station, in particular the tiled and marble wainscoted walls adjacent to the platforms. Creation of new wall openings would involve the removal of sections of existing plain tile and wainscoting; however, the associated marble column facings, frieze and terracotta elements at these locations would be retained in place. New walls adjacent to historic walls would have treatments in keeping with the surrounding historic decorative treatments. These actions would have adverse effects. These effects will be minimized and mitigated as described in the MOA (see Appendix H) and the actions will be undertaken in a manner consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties. This would minimize and mitigate impacts on the characteristics of design, materials and ornamentation that qualify the station for inclusion on the National Register.

AT&T Building

Construction of a new set of escalators and stairs linking the new Entry Facility with the southbound 45 Fulton Street Station platform would require space within and access to portions of three (3) basement levels in the AT&T Building at 195 Broadway. Construction would involve partial removal of floor framing in basements A and B and reinforcement of remaining floor framing in those basements; it would also require underpinning of one (1) façade column and partial removal of steel grillages from two (2) adjacent columns.

These construction activities do not involve any purposeful alteration of any of the exterior architectural, design or structural characteristics that may qualify this building for inclusion in the National Register. However, if improperly performed, construction activities could potentially affect the portion of the façade associated with the column to be underpinned and/or the building’s structural stability and thus affect the building’s historic integrity, thereby resulting in adverse effects to the AT&T Building. During construction, appropriate measures would be taken to avoid impacts on this property. These would be detailed in the MOA and CEPP, and are described further in Section 11.8.

Building construction noise levels at the AT&T Building and in those areas of the John Street-Maiden Lane Historic District adjacent to the project are anticipated to rise above FTA threshold criteria during construction. These elevated noise levels, however, will not alter or diminish any characteristics that qualify these resources for inclusion on the National Register.

Dennison Building

The Dennison Building at 15 John Street, although not eligible for the National Register as an individual resource, is a contributing element to the John Street-Maiden Lane Historic District. Under Alternative 10, this building may require underpinning. It is not anticipated that this would result in any adverse effects on this building, or on the characteristics that qualify it for inclusion as a contributing element in the Historic District. It is also not anticipated that this would result in any adverse impacts on the Historic District itself.

WTC Site

Construction of the RW - E connector would require realignment or removal of a portion of a concrete foundation wall that separates the Church Street station from the WTC site. This wall is a remnant of the former H&M railroad facilities that ultimately became PATH in association with construction of the WTC. While realignment or removal of a portion of this wall would constitute a physical change in this

May 2004 11.0 Cultural Resources 11-23 MTA New York City Transit Fulton Street Transit Center DEIS element of the historic site, it would not diminish the characteristics of location, setting, feeling, materials, and association with the events of September 11 that qualify the WTC site for inclusion on the National Register.

11.6.4 ANALYSIS YEAR 2008 (INITIAL OPERATION)

ARCHAEOLOGICAL RESOURCES

As a result of modern urban construction activities or lack of historic period occupation, intact archaeological deposits or features are unlikely to be encountered in the areas of proposed construction and ground disturbance within the archaeological APE. This analysis, therefore, concludes that neither Alternative 9 nor Alternative 10 would affect any archaeological resources during operation of the FSTC.

HISTORIC RESOURCES

No Action Alternative

Under this alternative, the FSTC would not be constructed or operational in 2008 and the character of historic resources in the APE would remain unchanged. As the FSTC would not be constructed, there would be no effect on the Corbin Building under this alternative.

Alternative 9

Under this alternative, the FSTC would be operational in 2008. The Corbin Building would not be acquired by the Metropolitan Transportation Authority (MTA) and would remain in private ownership. During operations, the FSTC would not have any adverse effects on historic resources in the APE. Underpinning or similar support at this time is assumed to be necessary by NYCT to manage the risks to public safety and the historic resource resulting from uncertain construction conditions associated with the Corbin Building. Underpinning piles remaining permanently in place beneath the Corbin Building would not be expected to have any adverse effects on the Corbin Building.

Alternative 10

Under this alternative, the FSTC would be operational in 2008. As a result of acquisition of the Corbin Building by MTA, its historic character would be protected by applicable regulations and standards. Any structural upgrades and other measures to maintain the building in code compliance would therefore have been implemented in accordance with applicable preservation requirements, which would reduce impacts on the building’s historic characteristics, including those associated with its location within the John Street-Maiden Lane Historic District. In addition, measures undertaken during construction of the Entry Facility to preserve the Corbin Building’s historic character and integrate it with the Entry Facility would have provided the building with permanent safeguards for historic preservation, such as:

• Repointing of masonry; • Cleaning of the façade; • Replacement of worn/defective windows; and, • Installation of new appropriate and historically compliant storefronts.

As a result, the Corbin Building would have experienced an adaptive reuse enabling it to function as a publicly accessible building with improved opportunity by the public and the community to experience its historic character and new role in the transit system. No other impacts on historic resources in the APE would be caused as a result of operation of the FSTC.

May 2004 11.0 Cultural Resources 11-24 MTA New York City Transit Fulton Street Transit Center DEIS 11.6.5 ANALYSIS YEAR 2025 (FULL OPERATION)

ARCHAEOLOGICAL RESOURCES

As a result of modern urban construction activities or lack of historic period occupation, intact archaeological deposits or features are unlikely to be encountered in the areas of proposed construction and ground disturbance within the archaeological APE. This analysis, therefore, concludes that neither Alternative 9 nor Alternative 10 would affect any archaeological resources during operation of the FSTC.

HISTORIC RESOURCES

No Action Alternative

Under this alternative, the FSTC would not be constructed or operational in 2025. The character of historic resources in the APE would remain unchanged. As the FSTC would not be constructed, the Corbin Building would not be affected.

The extent of any future exterior and interior modification to the Corbin Building during this 20-year period cannot be predicted. Without major rehabilitation, by 2025, the exterior and interior public spaces features of the Corbin Building will have been subject to the incremental effects of wear and aging. It is possible that modifications to office space, public signage and repairs to public lobbies and the elevators may take place, as such modifications have been undertaken in the past. Conversion of the Corbin Building to other use, such as residential, would require compliance with relevant City codes. Restrictions and requirements of LPC would apply only if the building were designated a New York City Landmark.

Alternative 9

Under this alternative, the FSTC would be fully operational in 2025. During operations, the FSTC would not have any adverse effects on historic resources in the APE. The Corbin Building would have been in, it is assumed, continued private ownership during the preceding twenty years. Its maintenance and continued use would be the responsibility of the private owner. The building would be subject to relevant City codes, but not to any particular preservation restrictions unless the LPC designated it a New York City Landmark.

Alternative 10

As a result of acquisition of the Corbin Building by MTA, the property would have been in public ownership during the 20 years and its historic character, therefore, would have been protected by applicable regulations and standards. Any structural upgrades and other measures to maintain the building in code compliance would therefore have been implemented in accordance with applicable preservation requirements, which would reduce impacts on the building’s historic characteristics, including those associated with its location within the John Street-Maiden Lane Historic District. In addition, measures undertaken during construction of the Entry Facility to preserve the Corbin Building’s historic character and integrate it with the Entry Facility would have provided the building with permanent safeguards for historic preservation, such as:

• Repointing of masonry; • Cleaning of the façade; • Replacement of worn/defective windows; and, • Installation of new appropriate and historically compliant storefronts.

As a result, the Corbin Building over the preceding 20 years would have functioned as a publicly accessible building with improved opportunity by the public and the community to experience its historic

May 2004 11.0 Cultural Resources 11-25 MTA New York City Transit Fulton Street Transit Center DEIS character and new role in the transit system. No other impacts on historic resources in the APE would be caused as a result of operation of the FSTC.

11.7 SUMMARY OF ADVERSE IMPACTS AND MITIGATION MEASURES

FTA and NYCT have determined that the construction of the FSTC will have adverse effects on historic properties under either Alternative 9 or Alternative 10. The FTA and NYCT, therefore, propose to resolve adverse effects of the FSTC on historic properties through a Memorandum of Agreement (see Appendix H). FTA and NYCT would develop and implement this MOA in consultation with the SHPO and the Advisory Council on Historic Preservation (should it choose to participate in the consultation). The MOA will contain specific measures by which identified impacts would be avoided, minimized or mitigated. The MOA will also set forth the process and procedures for consultation, determination of effect and resolution of any as yet unidentified adverse effects that would govern the planning, design and implementation of the project from the date of the MOA’s execution.

Measures include, but may not be limited to, the following:

• Recordation of the Corbin Building and Fulton Street 45 station to Level II Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER) standards prior to any alteration. • Photorecordation of existing exterior and (with owners’ permission) interior conditions of the AT&T Building, Bennett Building, East River Savings Bank, Dennison Building, and Fulton Street portion of the John Street-Maiden Lane Historic District prior to any construction in their vicinity. • Development and implementation of a milestone review process in which the ultimate treatment and use of the Corbin Building is determined through consideration of the property’s historic character and of the construction and operational feasibility of possible treatment and use alternatives; • Consultation with the SHPO concerning proposed alterations to the historic 45 Fulton Street station; development of designs and specifications consistent with the Secretary of the Interior’s Standards for Rehabilitation, including appropriate re-use of historic decorative elements such as wall finishes, railings and other features of the street level entrances; • Development and implementation of a CEPP to avoid construction impacts on potentially vulnerable historic buildings within 90 feet of the construction activities. Special provisions would be necessary for the Corbin Building and, possibly, the Dennison Building, because both buildings directly abut the area in which deconstruction and construction would occur and are physically attached to buildings that would be removed. The CEPP would include protective measures such as monitoring of historic buildings during construction to detect vibration or other physical impacts; and, • In anticipation of possible modifications to the designs for the FSTC, design and implementation of a CRMP, including an Emergency Action Program (EAP) to address any potential archaeological impacts outside the current archaeological APE. This would include the requirement of an archaeologist certified by the RPA on the preliminary FSTC. ‘

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