MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation 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 Final Environmental Impact Statement (FEIS) is being prepared), also requires the evaluation of impacts on cultural resources. The NHPA requires public outreach within the EIS 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 New York City 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 directly applicable to the Proposed Action, as MTA NYCT is a State agency and not therefore subject to this law, potential impacts to landmarks and historic districts have still 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 11. Based on research conducted, potential for archaeological deposits or features is considered possible October 2004 11.0 Cultural Resources 11-1 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation within the study area, despite the extent of construction disturbance that has historically occurred in the area, both pre- and post-September 11 and the extent of disturbance resulting from the New York City Transit subway facilities. Archaeological resources could potentially exist in several areas: at the northeast corner of the intersection of Dey and Church Streets, along the eastern sidewalk of Church Street, north and south of Dey Street; Dey Street, under the sidewalks; Cortland Street, west of Broadway; Maiden Lane, east of Broadway; Fulton Street, between Broadway and William Street; William Street, between Ann Street and John Street; and John Street, east of William Street. MTA NYCT is currently consulting with SHPO and New York City Landmarks Preservation Commission regarding appropriate measures to address archaeological resources that may be present. Further details of these measures are provided in the Programmatic Agreement (PA) (see the end of this chapter). 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 Corbin Building (192 Broadway), the Fulton Street 45 Subway Station, the former AT&T Building (195 Broadway), 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- Maiden Lane 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, Metropolitan Transportation Authority (acting on behalf of NYCT and MTA Capital Construction Company), SHPO, and the Advisory Council on Historic Preservation (ACHP) have executed a PA regarding the treatment of historic and archaeological resources within the APE that may be affected by the Proposed Action. A copy of the signed and executed PA is contained in Section 11.A, located at the end of this chapter. The LPC has recently determined the Keuffel & Esser Building (127 Fulton Street) and Royal Insurance Building (150 William Street) eligible for designation as New York City Landmarks. Although neither building is in the John Street-Maiden Lane Historic District, nor has been determined eligible for the NRHP as an individual resource, NYCT considers them historic resources for purposes of identification and mitigation of any adverse effects associated with the FSTC. 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. October 2004 11.0 Cultural Resources 11-2 MTA New York City Transit Fulton Street Transit Center FEIS and Section 4(f) Evaluation 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