FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`FILED: NEW YORK COUNTY CLERK 10m2018 02:34 P
`NYSC 3F DOC. NO. 54
`NYSCEF DOC. NO. 54
`
`IND
`EX NO.
`159030/2018
`INDEX NO. 159030/2018
`
` VYSC
`
` *uIV‘ .D
` 3F:
`
`10/01/2018
`RECEIVED NYSCEF: 10/01/2018
`
`Y
`EXHIBIT
`EXHIBIT Y
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 159030/2018
`
`RECEIVED NYSCEF: 10/01/2018
`
`U.S. DEPARTMENT
`FEDERAL
`TRANSIT
`
`OF TRANSPORTATION
`ADMINISTRATION
`
`FINDING
`
`OF NO SIGNFICANT
`
`IMPACT
`
`Project:
`
`Alternative
`
`Service
`
`Plan
`
`for
`
`the Canarsie
`
`Tunnel
`
`Project
`
`Project
`
`Sponsor:
`
`Metropolitan
`
`Transportation
`
`Authority
`
`New York
`
`City
`
`Transit
`
`Project
`
`Location:
`
`New York
`
`City, New York
`
`INTRODUCTION
`
`be
`will
`(MTA
`New York City Transit
`Transportation
`The Metropolitan
`Authority's
`NYCT)
`Brooklyn
`between
`the sole connection
`which
`provides
`the Canarsie
`Tunnel
`(tunnel),
`reconstructing
`the MTA NYCT Canarsie
`line. The tunnel will
`be closed
`for approximately
`Manhattan
`L subway
`for
`within Manhattan
`and the L train
`and between Manhattan
`fifteen months
`service
`reconstruction,
`during
`be suspended. MTA NYCT
`of an Alternative
`will
`the implementation
`Service
`and Brooklyn
`is proposing
`Plan ("ASP,"
`also referred
`to provide
`service
`for as many
`to as the "Proposed
`alternative
`of
`the
`Action")
`L train
`275,000
`the approximate
`15-month
`diverted
`riders
`tunnel
`closure
`as
`daily
`during
`approximately
`and pedestrian
`possible.
`The Proposed
`includes
`services
`Action
`ferry,
`subway,
`bus,
`bicycle,
`temporary
`what MTA NYCT would
`and facilities,
`and beyond
`provide
`diversions
`for service
`above
`routinely
`during
`major
`capital
`projects.
`
`and
`
`and MTA NYCT prepared
`Environmental
`the Supplemental
`The Federal
`Administration
`Transit
`(FTA)
`to
`Tunnel
`for
`dated July
`and Section
`4(f) Review
`Assessment
`Project
`the Canarsie
`(SEA),
`2018,
`and decisions,
`pursuant
`to the FTA and Federal
`analyses
`environmental
`supplement
`previous
`Highway
`at 23
`Act
`regulations
`Environmental
`National
`Administration
`(NEPA)
`(FHWA)
`Policy
`implementing
`The SEA was prepared
`in accordance
`and
`and 771.130.
`with NEPA
`and the FTA
`C.F.R.
`§ 771.129
`FHWA NEPA
`regulations
`at 23 C.F.R.
`Part 771. The SEA also was prepared
`in accordance
`implementing
`with
`other
`but not
`applicable
`federal
`laws
`limited
`to Section
`of
`of
`the Department
`including
`4(f)
`Transportation
`of 1966 and its implementing
`Act
`regulations
`at 23 C.F.R.
`Part 774, Section
`106 of
`National
`Act of 1966 and its implementing
`Preservation
`at 36 C.F.R.
`Historic
`regulations
`Part 800,
`on Environmental
`Order
`Executive
`Executive
`I1988
`on Floodplain
`Order
`12898
`Justice,
`Management,
`of Transportation
`and U.S. Department
`Order
`5650.02
`on Floodplain
`Management
`and Protection.
`
`the
`
`The SEA presents
`alternate
`service
`environmental
`FTA's
`previous
`the preliminary
`
`closure with
`tunnel
`of a full
`impacts
`environmental
`the potential
`of
`an analysis
`by the MTA NYCT
`(No Action
`and the potential
`provided
`routinely
`Alternative)
`impacts
`of a full
`the time of
`tunnel
`the proposed
`ASP (Proposed
`Action).
`At
`closure
`with
`environmental
`the magnitude
`of
`the potential
`was not known
`because
`impacts
`reviews,
`of both the tunnel
`options
`nature
`closure
`construction
`and alternative
`service
`plan.
`
`of
`
`on the July
`of public
`review
`2018 SEA,
`Based
`B), and proposed
`to minimize
`harm (Attachment
`with
`in accordance
`23 C.F.R.
`§ 771.121
`finds,
`in no significant
`will
`result
`impact
`Alternative,
`
`(Attachment
`comments
`revised measures
`and agency
`A),
`and clarifications
`(Attachment
`C), FTA
`modifications
`to the No Action
`the Proposed
`compared
`that
`Action,
`on the human
`and natural
`environment.
`This Finding
`
`of
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 159030/2018
`
`RECEIVED NYSCEF: 10/01/2018
`
`Region 02
`New York
`New Jersey
`
`One Bowling Green
`Room 429
`New York, NY 10004-1415
`212-668-2170
`212-668-2136 (Fax)
`
`O U
`
`.S. Department
`Of Transportation
`Federal
`Transit
`Administration
`
`September
`
`13, 2018
`
`"Ronnie"
`
`Ms. Veronique
`Director
`Managing
`Metropolitan
`Transportation
`2 Broadway
`New York, NY 10004
`
`Hakim
`
`Authority
`
`Subject:
`
`Transportation
`for Metropolitan
`FONSI
`Alternative
`Service Plan for
`the Canarsie
`
`Authority
`Tunnel
`
`New York City Transit
`Project
`
`Dear Ms. Hakim:
`
`Eñviroiiiiiéntal
`the Supplemental
`its review of
`The Federal Transit
`has completed
`Administration
`(FTA)
`dated July 2018. Based on
`the Canarsie
`Tunnel Project,
`Assessment
`for
`and Section
`4(f) Review (SEA) prepared
`to Section
`106 of
`the National
`Historic
`our
`review of
`the July 2018 SEA, which
`included
`analysis
`pursuant
`Act, and in accordance
`with
`Preservation
`Act and Section
`the Department
`4(f) of
`of Transportation
`Tunnel
`for
`the Canarsie
`23 C.F.R.
`FTA has issued a Finding
`of No Significant
`Impact
`§ 771.121,
`(FONSI)
`Project Alternative
`in the SEA and the FONSI.
`Enclosed
`please find a copy of
`as described
`Service Plan (ASP),
`the FONSI
`for your
`records.
`
`the Union Square
`is part of
`Union Square West, which
`please consider
`As noted in the FONSI,
`repairing
`for
`the
`pavers either
`in preparation
`National
`concrete
`and granite
`with replacement
`Historic
`Landmark,
`needed and removed.
`The current
`ASP or after
`of
`the ASP are no longer
`the temporary
`features
`temporary
`is to replace
`asphalt
`for
`the ASP.
`in the SEA,
`the existing
`concrete
`and granite
`pavers with
`as described
`
`plan,
`
`of
`must send a notice
`(MTA
`New York City Transit
`Transportation
`The Metropolitan
`NYCT)
`Authority
`and MTA
`units of State and local government,
`parties
`and affected
`the FONSI
`to all consulting
`of
`availability
`with 23 C.F.R.
`by the public
`in accordance
`§ 771.121(b).
`NYCT must make the FONSI
`upon request
`available
`website
`until
`construction
`Please post
`the SEA,
`to the project's
`the FONSI
`and supporting
`documents,
`including
`is complete
`and the Canarsie
`L Line is back
`in full operating
`service.
`
`Please be aware that MTA NYCT must carry out
`with this environmental
`the ASP in accordance
`record,
`Tunnel
`to the Canarsie
`there are any changes
`If
`the July 2018 SEA and the FONSI.
`Project,
`including
`including
`the ASP, MTA must notify
`studies
`or analysis
`whether
`additional
`to determine
`environmental
`in writing,
`FTA,
`Tunnel
`are needed.
`In the event of a change
`to the Canarsie
`requires
`additional
`that
`the ASP,
`Project,
`including
`or analysis, MTA may not
`approval
`from FTA.
`environrnental
`it has written
`studies
`implement
`the change until
`If you have any questions
`please contact Nina Chung
`at (212) 668-2180.
`this matter,
`regarding
`
`Sincerely,
`
`Stephen Goodman,
`P.E.
`Regional
`Administrator
`
`Enclosure:
`
`FONSI
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 159030/2018
`
`RECEIVED NYSCEF: 10/01/2018
`
`Impact
`of No Significant
`Finding
`Alternative
`Service Plan for
`the Canarsie Tunnel Project
`
`No Significant
`NEPA
`pursuant
`
`Impact
`(FONSI),
`including
`to 23 C.F.R.
`§ 771.130.
`
`Attachments
`
`and the SEA,
`
`provides
`
`FTA's
`
`analysis
`
`under
`
`PROJECT
`
`PURPOSE
`
`AND NEED
`
`the Proposed
`of
`The purpose
`diverted
`L train
`riders
`during
`possible.
`closure
`Temporary
`of
`275,000
`Approximately
`riders who
`use the L train
`in Manhattan
`only
`
`to the greatest
`alternatives
`is to provide
`Action
`transportation
`tunnel
`15-month
`the approximate
`full
`to the maximum
`closure,
`of
`the tunnel will
`result
`in disruption
`to nearly
`400,000
`daily
`these riders will
`need to divert
`to other
`transportation
`options:
`between
`and Manhattan
`to connect
`Brooklyn
`and 50,000 who
`
`of
`
`number
`extent
`L train
`riders.
`the 225,000
`use the L train
`
`PROJECT
`
`BACKGROUND
`
`The Canarsie
`Tunnel,
`The interior
`track.
`of
`in extensive
`resulting
`
`below the East River,
`located
`consists
`with
`corrosive
`the tunnel was flooded
`damage. A comprehensive
`reconstruction
`
`two
`of
`saltwater
`of
`
`(2) cast-iron
`tubes,
`Hurricane
`during
`the tunnel
`is needed.
`
`each with
`one
`in 2012
`Sandy
`
`the NEPA
`Exclusion
`issued Categorical
`FTA
`In 2015,
`at 23
`under
`findings
`regulations
`impkmenting
`FTA
`and in 2016,
`Restoration
`Tunnel
`for Canarsie
`§§ 771.1 18(c)
`C.F.R.
`issued a
`and Resiliency
`projects,
`the NEPA
`Categorical
`for
`regulations
`at 23 C.F.R.
`Exclusion
`under
`§§ 771.118(d)
`implementing
`finding
`the Canarsie
`Tunnel
`Core Capacity
`and State of Good Repair
`project. While
`the rehabilitation
`is
`activity
`the reason
`for
`the need to close the tunnel,
`the other
`approved
`activities
`would
`take advantage
`previously
`of a tunnel
`closure.
`the 2015
`activities
`are referred
`to as the Canarsie
`and 2016
`collectively,
`Therefore,
`Project
`or
`of environmental
`Tunnel
`the approved
`Project
`for purposes
`review.
`
`of FTA's
`the Canarsie
`2015 and 2016 NEPA
`the time
`At
`included
`Project
`Tunnel
`reviews,
`preliminry
`of an alternative
`plan. The
`tunnel
`closure
`construction
`and a prellininaiy
`concept
`service
`options
`tunnel
`closure
`construction
`options
`included
`full-tunnel
`both tracks
`closed
`with
`closure
`preliminary
`partial-tunnel
`closure
`with
`one track
`at a time. Based
`closed
`additional
`and
`on public
`design
`input,
`and the critical
`need to reconstruct
`the tunnel
`as expeditiously
`as possible
`to
`studies,
`engineering
`to safety, MTA NYCT determined
`minimize
`risk
`the full-tunnel
`approach
`that
`construction
`was
`closure
`NYCT June 2018 Alternatives
`the preferred
`approach
`the tunnel
`(MTA
`to reconstruct
`Analysis
`presented
`in Appendix
`A of
`the SEA). Critical
`assets
`in the tunnel
`are severely
`the
`deteriorated.
`The longer
`compromised
`elements
`stay in service,
`the greater
`the possibility
`of
`their
`failure.
`There
`have been several
`a duct bank
`in 2013
`failures
`collapse
`and a fire due to damaged
`in 2016.
`power
`cables
`already
`including
`Over
`failures
`these
`will
`become more
`severe
`and more
`frequent.
`the construction
`time,
`Therefore,
`approach
`for
`the tunnel
`repair work
`under
`both the No Action
`and Proposed
`Action
`full-tunnel
`includes
`reviews, MTA NYCT,
`closure.
`In addition,
`since FTA's
`2015
`and 2016 NEPA
`in coordination
`with
`New York City Department
`of Transportation
`developed
`and refined
`the
`has further
`(NYCDOT),
`alternative
`service
`plan.
`
`and
`
`the
`
`In light
`given
`reviews
`record
`were
`closure
`closure
`
`of MTA NYCT's
`the Canarsie
`to shutdown
`decision
`for approximately
`tunnel
`fifteen months,
`of MTA NYCT's
`FTA decided
`the development
`environmental
`to re-evaluate
`its prior
`ASP,
`to determine
`pursuant
`to 23 C.F.R.
`the environmental
`it needs
`to supplement
`whether
`§ 771.129
`tunnel
`to address
`any potential
`environmental
`impacts
`of
`the full
`ASP which
`closure
`and refined
`The significance
`of potential
`not previously
`environmental
`of
`the full
`contemplated.
`impacts
`tunnel
`was not yet clearly
`the SEA presents
`established.
`the potential
`of a full
`impacts
`tunnel
`Therefore,
`by the MTA NYCT as the No Action
`with
`provided
`alternative
`service
`Alternative.
`routinely
`
`and
`
`2 | P a g e
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 159030/2018
`
`RECEIVED NYSCEF: 10/01/2018
`
`of No Significant
`Impact
`Finding
`Alternative
`Service Plan for
`the Canarsie Tunnel Project
`
`to mmimize
`ASP was developed
`The proposed
`other
`coordination
`transportation
`with
`ongoing
`Guidelines'
`(MTA
`approved
`Service
`Loading
`used to develop
`and maintain
`comprehensive,
`who
`and travel
`in New York City.
`live, work,
`evaluation
`of existing
`and proposed
`services
`be offered.
`should
`
`to provide
`in
`services
`opportunities
`temporary
`2010 Board-
`August
`while meeting MTA's
`improvements
`possible. MTA Guidelines
`are
`to the extent
`Guidelines)
`that meets
`the needs of
`transit
`service
`those
`cost-efficient
`for consistent
`a structure
`These Guidelines
`provide
`and fair
`and how frequently
`service
`when, where,
`by determining
`
`ANALYTICAL
`
`FRAMEWORK
`
`OF SEA
`
`the No Action
`impacts
`the potential
`The SEA presents
`Alternative
`alternatives:
`two
`of
`environmental
`(1)
`closure
`of
`the tunnel with
`include
`Action
`the Proposed
`and (2)
`the full
`Alternative.
`Both Alternatives
`complete
`and between Manhattan
`and Brooklyn
`for
`suspension
`of L train
`service within Manhattan
`the SEA assumed
`The analytical
`of
`that
`the approved
`fifteen months.
`framework
`Project
`approximately
`well
`planned
`transportation
`as described
`in Chapter
`as existing
`projects
`Planned
`5.1.2
`Projects,
`(Existing
`and Appendix
`the proposed
`B of
`the SEA) will
`occur with
`ASP and compared
`the impacts
`or without
`of
`the Proposed
`Action
`(proposed
`ASP) with
`those from the No Action
`The Existing
`Planned
`Alternative.
`Projects
`are used as a baseline
`for analysis.
`
`as
`
`NO ACTION
`
`The No Action
`and bus service
`Alternative
`L train
`to accommodate
`enhancements
`includes
`subway
`by the MTA NYCT during major
`at a level
`capital
`provided
`for subway
`projects.
`Generally,
`routinely
`MTA NYCT
`the MTA
`provides
`service
`one or more
`of
`the following,
`consistent
`with
`disruptions,
`Guidelines:
`service
`on adjacent
`and intersecting
`additional
`and/or
`substitute
`bus service,
`lines,
`subway
`increased
`service
`on existing
`bus routes.
`To the extent
`the routes
`for substitute
`bus
`and increased
`possible,
`follow
`service
`or connect
`the subway
`route
`that
`is disrupted
`to a nearby
`alternate
`route.
`typically
`subway
`These
`types
`of services
`have typically
`been adequate
`for providing
`diverted
`riders with
`alternative
`and that meet MTA Guidelines;
`services
`for
`the Canarsie
`Tunnel
`these services would
`Project,
`however,
`the MTA
`be inadequate,
`not meet
`the purpose
`and need of
`and be inconsistent
`with
`the project,
`Guidelines.
`
`riders
`
`of
`
`with
`Consistent
`includes
`Alternative
`the No Action
`the Guidelines,
`on adjacent
`service
`subway
`increasing
`and intersecting
`to the extent
`feasible
`and increasing
`bus service
`on the B39, Ml 4A, and Ml 4D
`lines
`the No Action
`routes. Details
`increased
`and bus service
`are described
`in Table
`the SEA.
`1 of
`subway
`also includes
`planned
`transportation
`projects
`Planned
`as described
`in Chapter
`existing
`Projects)
`(Existing
`and Appendix
`5.I.2
`B of
`the SEA,
`that are expected
`to be in place with
`or without
`the proposed
`ASP,
`bike
`pedestrian
`of new buses, and subway
`procurement
`improvements,
`improvements,
`including
`safety
`station
`improvements.
`
`It
`
`The following
`to both the No Action
`are common
`service modifications
`and Proposed
`Alternative
`subway
`peak M
`the L train
`operate
`increase
`Avenue
`Bedford
`Action:
`and Canarsie-Rockaway
`between
`Parkway;
`and G train
`peak R train
`and off-peak
`A, E, F, G, J, M, and 7 train
`reduce
`service
`(Queens
`service;
`increased M train
`and J train
`in order
`service
`to accommodate
`lengthen
`C and G
`frequencies;
`Boulevard)
`and institute
`free MetroCard
`transfers
`between
`certain
`lines as noted
`on page 13 of
`train
`the SEA.
`trains;
`
`' http://web.mta.info/mta/news/notices/pdf/NYCT-Service-Guidelines
`
`Public.pdf
`
`3 | P a g e
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 159030/2018
`
`RECEIVED NYSCEF: 10/01/2018
`
`of No Significant
`Impact
`Finding
`Alternative
`Service Plan for
`the Canarsie Tunnel Project
`
`PROPOSED
`
`ACTION
`
`includes
`ASP, which
`the proposed
`The Proposed
`the implementation
`includes
`Action
`temporary
`provided
`and beyond what
`is routinely
`and pedestrian
`above
`facilities
`bicycle,
`subway,
`ferry,
`bus,
`in coordination
`service
`ASP has been developed
`suspensions.
`The proposed
`planned,
`temporary
`NYCDOT
`to L train
`to the greatest
`extent
`practicable
`to provide
`and mobility
`options
`riders
`transit
`the temporary
`15-month
`service
`suspension.
`
`of
`
`during
`with
`
`during
`
`(beyond
`Bus enhancements
`are considered
`enhancements
`proposed
`ASP are described
`
`substitute
`above
`below:
`
`bus service),
`service,
`ferry
`and beyond
`what
`is routinely
`
`and bicycle
`provided.
`
`and pedestrian
`These elements
`
`of
`
`the
`
`•
`
`•
`
`•
`
`•
`
`•
`
`service
`to the subway
`of permanent
`the addition
`(G Line), Metropolitan
`Avenue
`station
`entrance
`at Metropolitan
`(J/M/Z
`Street
`Lines).
`
`be identical
`plan would
`service
`ASP subway
`The proposed
`Subway:
`the No Action
`under
`Alternative
`with
`above
`described
`modifications
`turnstile
`at Nassau
`Avenue
`improvements,
`adding
`capacity
`including
`of
`the Hope Street
`and Lorimer
`(G Line),
`Street
`(L Line);
`reopening
`Avenue
`station
`and reopening
`multiple
`entrances
`at Hewes
`(G Line);
`The proposed
`ASP would
`Bus:
`in the form of
`route
`the L train
`add bus service
`along
`temporary
`interborough
`(SBS).
`bus service
`The
`select
`14th Street
`and enhanced
`bus service
`(four
`routes)
`with
`Bridge
`for buses,
`vehicles
`and high-occupancy
`would
`be reserved
`trucks,
`Williamsburg
`more
`people
`from 5:00 am to 10:00
`pm, 7 days per week. Bus priority
`lanes and
`(HOV3+)
`operational
`for cars and trucks would
`be applied
`on 14th Street
`from 5:00 am to 10:00 pm,
`restrictions
`7 days per week. A temporary
`bus terminal
`be constructed
`at Stuyvesant
`Cove to facilitate
`would
`connections
`between
`the temporary
`service
`and M14 SBS.
`In addition,
`there would
`be service
`ferry
`bus routes.. MTA NYCT would
`increases
`to local
`acquire
`leases
`for existing
`facilities
`for use
`parking
`on the SEA, MTA NYCT
`as temporary
`overnight
`bus storage.
`As a result
`of public
`comments
`proposes
`to include
`the following
`new element
`to the ASP:
`a L5 bus service
`to connect
`Canarsie
`with
`the Crown
`neighborhood
`Heights-Utica
`Avenue
`3/4 trains.
`
`three or
`
`The proposed
`Ferry:
`include
`ASP would
`Stuyvesant
`Cove with
`eight
`approximately
`also be constructed
`on Empire
`Pier, which
`landings.
`
`a temporary
`trips
`during
`is immediately
`
`North Williaiiisburg
`service
`between
`ferry
`the peak hour. A temporary
`would
`landing
`north
`of
`North Williamsburg
`the existing
`
`and
`
`lanes on 12th
`temporary
`and the
`
`The proposed
`Bicycles:
`include
`ASP would
`bike
`of one-way
`implementation
`temporary
`and 13th Streets. NYCDOT
`high
`also would
`add temporary
`bike
`valet
`parking,
`capacity
`upgrades
`to a Grand
`Square West,
`lane along Union
`Street
`bike
`lane, a temporary
`bike
`installation
`of bike
`sleds within
`the existing
`roadbed.
`temporary
`parking
`ASP would
`The proposed
`vehicle
`include
`temporary
`Place
`and sidewalk
`and temporary
`bus stop curbs
`
`Pedestrian:
`and University
`Houston
`Street.
`
`restrictions
`extensions
`
`on Union
`Square West
`on 14th Street
`and
`
`reconstruction
`After
`with NYCDOT,
`the re-opening
`coordination,
`independent
`
`resumes, MTA NYCT,
`and L train
`is complete
`the tunnel
`of
`service
`ASP elements
`of all
`ensure
`will
`removal
`within
`temporary
`approximately
`the tunnel
`(or as weather
`conditions
`unless
`of
`additional
`permit),
`planning,
`public
`and/or
`appropriate
`environmental
`analysis
`is undertaken
`outreach,
`project(s).
`
`in coordination
`four months
`agency
`as part of separate
`
`of
`
`4|Page
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 159030/2018
`
`RECEIVED NYSCEF: 10/01/2018
`
`of No Significant
`Impact
`Finding
`Service Plan for
`Alternative
`the Canarsie Tunnel Project
`
`The following
`
`perniancat
`
`elements
`
`would
`
`remain
`
`in place:
`
`•
`
`•
`
`•
`
`station
`Line),
`
`circulation
`and Hewes
`
`at Nassau
`improvements
`St (J/M/Z
`Lines);
`
`St (G Line), Metropolitan
`
`Av (G Line),
`
`Lorimer
`
`St (L
`
`roadway
`
`resurfacing;
`
`and
`
`potentially
`
`fare machine/totems
`
`on 140' Street.
`
`The fare machines
`be separate
`would
`NYCDOT
`decide
`they will
`M14SBS,
`
`at a later point
`and totems may be evaluated
`implemented
`of
`the M14SBS
`and independent
`a permanent
`if
`to undertake
`project.
`However,
`within
`four months
`be removed
`approximately
`
`route that
`M14SBS
`as part of a pernianent
`the ASP should MTA and
`as part of
`are not used for
`the permanent
`they
`of completion
`of
`the ASP.
`
`Planning
`
`Consistent
`identifying
`development
`including
`
`and Development
`
`of
`
`the Proposed
`
`Action
`
`the MTA Guidelines
`to the extent
`with
`operationally
`transportation
`modes
`for
`user demand
`the different
`options
`and evaluation
`of design
`and operating
`the evaluation
`the following:
`of design
`options
`for
`
`the ASP was established
`possible,
`of
`the ASP.
`the
`It also included
`to optimize
`the effectiveness
`of
`the ASP,
`
`by
`
`•
`
`•
`
`•
`
`Design
`options
`Bridge
`lane management:
`Williamsburg
`Treatment
`period
`(No Bus Priority
`Option);
`reserving
`for buses,
`the outer
`trucks
`deck
`(Option
`A);
`reserving
`and HOV3+
`entire
`bridge
`for buses,
`trucks,
`reserving
`options
`for
`the approach
`streets
`to the bridge;
`
`included
`80 buses
`adding
`the outer
`the bridge
`deck of
`and HOV3+
`trucks
`(Option
`(Option
`the ASP design);
`C,
`
`in the peak
`for buses and
`B); and
`as well
`
`as
`
`Design
`configuration:
`design
`14th Street SBS busway
`an SBS Option,
`Buses Only Option,
`a Short Busway
`and
`as described
`on page 24 of SEA;
`design)
`
`options
`and operating
`and a Busway
`Option,
`
`included
`Option
`
`Additional
`(the ASP
`
`improvements:
`and bike
`Pedestrian
`or a pair of one-way
`13th Street,
`Union
`Square West,
`including
`
`bicycle
`a two-way
`included
`options
`Design
`lanes on 12th and 13th Street, University
`bicycle
`walkways
`and bike
`widened
`lanes.
`
`corridor
`Place,
`
`along
`and
`
`Overall,
`subway
`options
`
`ASP was developed
`the proposed
`to be overcrowded
`lines projected
`for
`riders
`not well
`served
`by subway
`
`transit
`to provide
`in the No Action
`service
`during
`
`service
`Alternative
`the tunnel
`
`at reducing
`aimed
`options
`and to provide
`temporary
`period.
`closure
`
`for
`demand
`service
`
`AGENCY
`
`COORDINATION
`
`AND PUBLIC
`
`OPPORTUNITY
`
`TO COMMENT
`
`Agency
`
`Coordination
`
`the development
`During
`coordinated
`with
`various
`throughout
`the construction
`implemented.
`appropriately
`
`FTA and MTA NYCT
`of
`in the SEA,
`ASP and as described
`the proposed
`will
`continue
`agencies.
`Coordination
`state, and federal
`with
`those agencies
`local,
`and operation
`to ensure
`that any measures
`to minimize
`harm are
`phases
`
`A süromary
`of additional
`A of
`below.
`Attachment
`
`coordination
`agency
`this FONSI
`includes
`
`subsequent
`copies
`of
`
`of
`to the publication
`correspondence
`the agency
`
`the SEA is provided
`referenced
`below.
`
`5|Pa
`
`g e
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 159030/2018
`
`RECEIVED NYSCEF: 10/01/2018
`
`of No Significant
`Impact
`Finding
`Alternative
`Service Plan for
`the Canarsie Tunnel Project
`
`USACE
`
`NYSDOS
`
`NMFS/NOAA
`
`USCG
`
`NYCEDC
`
`US DOI
`
`NYCDPR
`
`to the U.S. Army
`application
`Act of 1889 permit
`and Harbor
`10 of Rivers
`A Section
`service was
`of
`the temporary
`the construction
`for
`of Engineer
`Corps
`ferry
`(USACE)
`application
`to the New
`This was a joint
`permit
`9, 2018.
`transmitted
`to USACE
`on August
`MTA NYCT will
`Conservation
`(NYSDEC).
`York
`State Department
`of Environmental
`will
`with USACE
`occur
`to all conditions
`in the permit when
`issued. Coordination
`adhere
`cease after
`of
`removal
`and operations
`and will
`the satisfactory
`the
`installation
`during
`fen y infrastructure.
`temporary
`
`a letter
`of State (NYSDOS)
`State Department
`the New York
`issued
`On July 23, 2018,
`criteria.
`In
`concurrence
`its general
`the proposed
`ASP meets
`that
`consistency
`noting
`letter, MTA NYCT transmitted
`to NYSDOS
`adherence
`to the conditions
`of
`the NYSDOS
`of
`Joint Permit
`dated August
`9, 2018.
`a copy
`the USACE/NYSDEC
`Application
`
`Service
`Marine
`the National
`dated August
`In a letter
`Fisheries
`(NMFS),
`23, 2018,
`provided
`Administration
`Oceanic
`of National
`and Atmospheric
`(NOAA),
`agency
`concurrence
`is not
`on FTA's
`conclusion
`that
`the proposed
`Project
`to adversely
`likely
`any NMFS Endangered
`Species Act
`critical
`habitat.
`or designated
`affect
`species
`(ESA)
`7 of ESA is required. MTA NYCT
`no further
`to Section
`consultation
`pursuant
`Therefore,
`of NOAA as required
`by the USACE. MTA NYCT
`will
`adhere
`to the recommendations
`with NOAA throughout
`will
`coordination
`the life of
`support
`FTA's
`the project
`continuing
`infrastructure
`until
`the satisfactory
`removal
`of
`the temporary
`is completed.
`ferry
`
`an
`
`the U.S. Coast Guard's
`In a letter,
`Program offered
`Bridge
`dated July 23, 2018,
`(USCG)
`over any navigable
`comments
`improvemcats
`related
`to any bridge
`waterway,
`including
`the East River.
`the new proposed
`coordination
`with USCG was
`service,
`Regarding
`ferry
`by MTA NYCT on June
`with
`initiated
`and will
`continue
`the selected
`14, 2018,
`ferry
`service. MTA NYCT will
`operator
`for
`the duration
`of
`the temporary
`coordinate
`with
`ferry
`NYCEDC
`to ensure
`that
`the designated
`operator
`with USCG requirements
`complies
`ferry
`for
`the installation,
`and cessation
`the North Williamsburg
`of
`to Stuyvesant
`operations,
`Cove Temporary
`Ferry Service.
`
`the New York City Economic
`In a letter
`dated August
`Development
`22, 2018,
`that use of Stuyvesant
`Cove Park
`Corporation
`is temporary
`concurred
`(NYCEDC)
`and that a Section
`will
`not constitute
`a significant
`4(f) de minimis
`impact
`impact,
`finding
`MTA NYCT will
`in the NYCEDC
`is appropriate.
`adhere
`to all conditions
`stipulated
`letter
`MTA NYCT's
`of concurrence.
`Coordination
`will
`continue
`throughout
`the park
`use of
`until
`the park
`a satisfactory
`restoration
`of
`is completed.
`
`and
`
`FTA
`Union
`2018,
`
`the U.S. Department
`with
`coordinated
`Historic
`Square National
`Landmark.
`that
`it has no comments
`on the project.
`
`Interior
`of
`notified
`DOI
`
`regarding
`(DOI)
`FTA in a letter
`
`the use of
`the
`dated August
`
`9,
`
`In a letter
`of Parks and
`the New York City Department
`dated September
`4, 2018,
`that use of
`Recreation
`the North
`5th Street Pier and Park are
`concurred
`(NYCDPR)
`will
`not constitute
`a significant
`and that a Section
`4(f) de minimis
`impact,
`temporary,
`MTA NYCT will
`impact
`is appropriate.
`adhere
`to all conditions
`stipulated
`in the
`finding
`NYCDPR
`MTA NYCT's
`letter
`of concurrence.
`Coordination
`will
`continue
`throughout
`use of
`the park until
`a satisfactory
`the park
`restoration
`of
`is completed.
`
`NYCDOT
`
`27, 2018, NYCDOT
`provided
`In a letter
`to implement
`its commitment
`dated August
`the
`to NYCDOT
`ASP elements
`provided
`in the July 2018 SEA,
`as described
`attributed
`that
`MTA NYCT assists NYCDOT
`with
`certain
`construction
`assistance
`in the letter.
`described
`
`6 | P a g e
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 159030/2018
`
`RECEIVED NYSCEF: 10/01/2018
`
`of No Significant
`Impact
`Finding
`Service Plan for
`the Canarsie Tunnel Project
`Alternative
`
`Public
`
`Outreach
`
`In addition
`19, 2018.
`from July 20, 2018 to August
`the SEA extended
`for
`period
`comment
`The public
`online
`comments
`submitted
`public meeting,
`at
`the August
`also were
`6, 2018
`oral
`by letter,
`testimony
`See Attachment
`and emails.
`the public meeting,
`a link on MTA's
`comment
`cards at
`through
`homepage,
`to those comments.
`A summary
`of
`on the July 2018 SEA and responses
`for a sumrnary
`the comments
`below.
`the public
`outreach
`is provided
`
`to
`
`A
`
`of
`
`Prior
`
`2018 SEA
`
`Public
`
`Outreach
`
`to July
`2016, MTA NYCT
`for ASP development.
`activities
`outreach
`public
`extensive
`undertook
`in May
`Starting
`and comment
`information
`outreach
`included
`web-based
`meetings,
`opportunities,
`Specifically,
`ceiliniüüity
`MTA NYCT and NYCDOT
`open commtmications
`have maintained
`town
`hall meetings,
`and briefings.
`and key stakeholders.
`with
`elected
`government
`agencies,
`groups,
`officials,
`advocacy
`
`This
`
`early
`
`coordination
`
`informed
`
`the development
`
`of
`
`the ASP. Some examples
`
`are provided
`
`below:
`
`•
`
`•
`
`•
`
`•
`
`public
`input
`Following
`route was added
`shuttle
`Avenue/14th
`Street.
`This
`request
`by the community
`
`the L4 interborough
`and Carolyn
`from The L Coalition
`Maloney's
`office,
`Avenue
`bus access between
`the Bedford
`area and 1st
`direct
`to provide
`from the Kenmare/Soho
`loop much
`route
`some buses
`to the
`also diverts
`in the Kenmare/Soho
`loop vicinity.
`
`In response
`bus routes
`
`to community
`at Union
`Avenue.
`
`input
`
`at meetings
`
`in 2018,
`
`a bus stop was added
`
`on the Grand
`
`Street L
`
`NYCDOT
`concerns
`to 14th Street
`and access
`to bike
`made changes
`routes
`following
`on 14th Street
`be allowed
`to pick
`up and drop off
`in the area. Vehicles
`will
`residents
`right
`the first
`long as they make
`turn-off
`after
`or drop-off
`is made. Additionally,
`pick-up
`lane on 13th Street was changed
`to be two
`planned
`bike
`separate
`previously
`two-way
`change was made after
`raised
`routes
`on 12th and 13th Streets.
`This
`residents
`concerns
`children's
`near schools
`and increased
`traffic
`from the narrowed
`streets.
`safety
`
`from
`residents
`the
`
`one-way
`for
`
`as
`
`MTA NYCT
`concerns
`of air quality
`As a result
`electric
`by the community,
`raised
`and
`included
`electric
`fifteen
`of buses. Although
`ASP fleet
`buses as part of
`the temporary
`hybrid-electric
`buses
`M l 4 SBS service
`for
`to be deployed
`the start of
`the ASP in April
`were planned
`the temporary
`at
`2019, MTA NYCT recently
`dated August
`the FTA by letter
`that
`the
`notified
`23, 2018,
`year 2019. MTA added
`will
`be delayed
`until
`of calendar
`deployment
`the fourth
`quarter
`electric
`buses and ten hybrid-electric
`buses to the fleet
`of Brooklyn-based
`interberóügh
`will
`be deployed
`at
`the start of
`the ASP. Therefore,
`there will
`be a total
`electric
`of
`twenty
`by the fourth
`quarter
`(five
`to be deployed
`the start of
`the ASP and fifteen
`to be deployed
`at
`calendar
`buses as part of
`year 2019)
`and ten hybrid-electric
`the proposed
`ASP.
`
`five
`buses that
`buses
`of
`
`Public
`
`Outreach
`
`for
`
`July
`
`2018 SEA
`
`of
`of Availability
`the Notice
`On July
`20, 2018,
`of
`and notice
`the August
`public meeting,
`6, 2018
`
`of
`notice
`the SEA,
`including
`was posted
`on the homepage
`
`the public
`of MTA's
`
`comment
`website.
`
`period
`The
`
`7|Page
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 159030/2018
`
`RECEIVED NYSCEF: 10/01/2018
`
`of No Significant
`Impact
`Finding
`Alternative
`Service Plan for
`the Canarsie Tunnel Project
`
`also was emailed
`notice
`and Manhattan:
`
`to the following
`
`elected
`
`officials
`
`and community
`
`boards
`
`in Brooklyn,
`
`Queens,
`
`Congress
`Clarke,
`
`Nydia
`Members:
`and Grace Meng.
`
`Velazquez,
`
`Jerrold Nadler,
`
`Carolyn
`
`Maloney,
`
`Hakeem Jeffries,
`
`Yvette
`
`Senators:
`Hamilton,
`
`Brian
`Brad Hoylman,
`Kavanagh,
`Brian
`Velmanette
`Montgomery,
`
`Liz Krueger,
`Kavanagh,
`
`Martin
`Michael
`
`Dilan,
`Gianaris,
`
`Roxanne
`Persaud,
`and Martin
`Dilan.
`
`Jesse
`
`Borough
`
`Presidents:
`
`Eric Adams, Melinda
`
`Katz,
`
`and Gale Brewer.
`
`Lentol, Maritza
`Joseph
`Members:
`Assembly
`Jaime Williams,
`Barron, Michael
`Charles
`Richard
`and Yuh-Line
`Niou.
`Gottfried,
`
`Erik Dilan,
`Davila,
`Miller,
`Cathy Nolan,
`
`Latrice Walker,
`Deborah
`Glick,
`
`Nick
`Harvey
`
`Perry,
`Epstein,
`
`Council
`Antonio
`
`Members:
`Reynoso,
`
`Rosie Mendez,
`Rafael Espinal,
`
`Powers, Margaret
`Keith
`Johnson,
`Corey
`and Robert Holden.
`Inez Barron,
`
`Chin,
`
`Steve
`
`Levin,
`
`Brooklyn
`
`Community
`
`Boards
`
`(CB):
`
`CB 1, CB 4, CB 5, CB 16, and CB 18.
`
`Manhattan
`
`Community
`
`Boards;
`
`CB 2, CB 3, CB 4, CB 5, and CB 6.
`
`Queens Community
`
`Board:
`
`CB 5.
`
`The notice
`
`also was advertised
`
`in the following
`
`newspapers
`
`on the corresponding
`
`dates:
`
`D_aily News,
`
`New York
`
`S_ing Tao,
`
`July 24, 2018.
`Post, July 24, 2018.
`July 24, 2018.
`
`METRO-New
`AM New York,
`
`El Especialito,
`
`York,
`
`July 25, 2018.
`July 25, 2018.
`July 27, 2018.
`
`On July
`20, 2018,
`and Queens where
`
`of
`copies
`printed
`the public
`could
`
`delivered
`the SEA were
`view the document.
`
`to multiple
`
`locations
`
`in Brooklyn,
`
`Manhattan,
`
`was held to provide
`The meeting
`a public meeting.
`the July 2018 SEA included
`for
`outreach
`Public
`to the public
`ASP and
`on the proposed
`comments
`the Proposed
`Action
`and solicit
`information
`about
`the public
`period
`on August
`was held during
`of
`comment
`2018 SEA. The meeting
`findings
`the July
`at MTA Headquarters
`at 2 Broadway,
`New York, New York.
`The public
`was invited
`located
`2018,
`and provide
`the comment
`period
`oral
`the meeting
`written
`comments
`make
`comments
`during
`during
`or online MTA website
`submissions.
`through
`letters,
`emails,
`
`6,
`to
`
`There were
`20, 2018 to August
`the SEA extended
`The public
`19, 2018.
`from July
`for
`period
`comment
`and MTA NYCT reviewed;
`FTA
`313 comments.
`and
`308 commenters
`and approximately
`considered,
`all
`relevant
`late-filed
`comments
`that were germane
`responds
`to all
`relevant
`public
`comments,
`including
`A for a summary
`on the July
`of
`the agency
`and public
`comments
`the Proposed
`Action.
`See Attachment
`and MTA NYCT does not
`2018 SEA and responses
`respond
`to comments
`that
`to those
`comments.
`FTA
`not germane
`to the Proposed
`comments
`and public
`were
`Action.
`Based
`on agency
`the public
`during
`the SEA, MTA NYCT,
`the
`of
`in coordination
`with NYCDOT,
`proposes
`to include
`period
`viewing
`new element
`to the ASP:
`following
`
`to
`
`•
`
`LS bus service
`
`to connect
`
`Canarsie
`
`with
`
`the Crown
`
`Heights-Utica
`
`Avenue
`
`3/4 trains.
`
`8|Page
`
`

`

`FILED: NEW YORK COUNTY CLERK 10/01/2018 02:34 PM
`NYSCEF DOC. NO. 54
`
`INDEX NO. 159030/2018
`
`RECEIVED NYSCEF: 10/01/2018
`
`of No Significant
`Impact
`Finding
`Altemative
`Service Plan for
`the Canarsie Tunnel Project
`
`based on review
`In addition,
`MTA NYCT,
`•
`Department
`
`of public
`
`comments,
`with NYCDOT,
`in coordination
`of
`traffic
`on enforcement
`(NYPD)
`This was not presented
`in the SEA and has been included
`
`MTA NYCT added
`
`a new measure
`
`to minimim
`
`harm:
`
`commits
`regulations.
`
`to work with
`
`the New York
`
`Police
`
`in Attachment
`
`B.
`
`C also summarizes
`the changes
`of
`C provides
`Attachment
`above. Attachment
`noted
`a summary
`as additional
`presented
`in the SEA as well
`and corrections
`clarifications
`refinements
`made to information
`made to the proposed
`ASP based on project
`development.
`y environmental
`analysis
`presented
`The s
`below reflects
`as described
`in Attachment
`the proposed
`and clarifications
`C.
`modifications,
`refinements,
`
`SUMMARY
`
`ANALYSIS
`
`of potential
`The SEA presented
`alternatives:
`impacts
`analysis
`two
`(1)
`of
`The analytical
`the Proposed
`the SEA assumed
`framework
`Action.
`(2)
`occur with
`or without
`the Proposed
`Action
`of
`the impacts
`and compared
`from the No Action
`Alternative.
`
`of
`
`Alternative
`the No Action
`Project
`that
`the approved
`the Propos