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PROGRAMMATIC AGREEMENT
BETWEEN
THE FEDERAL HIGHWAY ADMINISTRATION
THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION
FOR THE FEDERAL RECREATIONAL TRAILS PROGRAM

Highway Administration, New Jersey Division, hereinafter FHWA, and the New Jersey Department of Environmental Protection, hereinafter NJDEP, have developed this Programmatic Agreement, hereinafter PA, to outline the policy and procedures for environmental processing of certain Class 11 Categorical Exclusions, hereinafter CE, actions pursuant to the National Environmental Policy Act, hereinafter NEPA., as defined in 23 CFR § 771.117 (as amended) which normally are found to have no significant social, economic or environmental effects.

The FHWA, and the NJDEP have additionally developed this PA to outline the policy and procedures to cover State Historic Preservation Office, hereinafter SHPO, Section 106 consultation of the National Historic Preservation Act, hereinafter NHPA, of 1966 and implementing regulations of 36 CFR Part 800 (64 FR 27071-27084).

The FHWA hereby concurs in advance, on a programmatic basis with NJDEPs designation that those types of projects listed in stipulations one (1), and two (2) herein, and which satisfy the conditions and criteria in stipulation three (3) herein, will not result in significant environmental impacts, and are therefore categorically excluded from the requirement to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS) pursuant to the NEPA as referenced above,

The FHWA also hereby concurs in advance, on a programmatic basis with NJDEP's designation that those types of projects listed in stipulation one (1) herein only, and which satisfy the conditions and criteria in stipulation three (3) herein, will have very limited or no effects on historic properties pursuant to the NHPA as referenced above, and therefore do not require coordination of SHPO consultation pursuant to Section 106 of the NHPA subject to the following:

  1. Any undertaking which may cause or which has resulted in public controversy relative to historic preservation shall be submitted to the SHPO prior to project execution.
  2. This PA is in effect for Section 106 consultation of the NITPA only, and will not preclude the provisions of the New Jersey Register of Historic Places Act, hereinafter NJRHPA, NJSA. 13.IB- 5.128 et seq, Subchapter 7 Section 7.4-7 1 Application procedure for encroachment authorization

As outlined in this PA, the NJDEP will determine and certify that an activity will not result in significant environmental impacts, and notify FHWA of its findings

WHEREAS, the NJDEP administers federally funded Recreational Trails Program projects throughout the State of New Jersey as authorized by 23U S C 206, and

WHEREAS, the activities that are eligible for Federal funding through the NJDEP administered Recreational Trails Program were established in the FHWA April 1, 1999 Guidance and the DEP application requirements; and

WHEREAS, the Division Administrator, FHWA, is the 'Agency Official' responsible for compliance with the NEPA and implementing regulations (23 CFR § 771 117); and

WHEREAS, the Division Administrator, FHwA, is the "Agency Official" responsible for compliance with Section 106 of the National Historic Preservation Act (NI-WA) of 1966, as amended (16 USC 470 et seq.) and implementing regulations (36 CFR Part 800 as amended); and

WHEREAS, the Recreational Trails Program is designed to provide and maintain recreational trails for both motorized and non-motorized recreational trails use, including pedestrian uses (hiking, naming, wheelchairs), bicycling, in-line skating, equestrian uses, cross-country skiing, snowmobiling, off-road motorcycling, all-terrain vehicle riding; four-wheel driving, or using other off-road motorized vehicles FHWA has determined that given the nature of the Recreational Trails Program, the fact that these activities are in general keeping with those of the 23 CFR. § 771 117 (d) and as such considered categorical exclusions; and

WHEREAS, the Recreational Trails Program Legislation (23 USC. 206, Section (h)(2)) exempts the program ii-om the requirements of Section 4(1) of the Department of Transportation Act of 1966 (23 U S C. 138. 49 U.SC. 303), and

WHEREAS, the ELI WA has determined that certain Recreational Trails Program projects constitute *undertakings which may result in limited or no effect in the character or use of historic properties and has included these projects in this PA. Consultation with the SHPO and Advisory Council on Historic Preservation, hereinafter ACITP, pursuant to 36 CFR § 80013 will occur as established in stipulation two (2) and three (3) herein, and

WHEREAS, the Recreational Trails Program is consistent with the statewide and applicable long- range transportation plans and Metropolitan Planning Organizations Transportation improvement Program, and State Transportation Improvement Programs

NOW, THEREFORE, the FHWA, and the NJDEP agree to the following stipulations in order to satisfy FHWA's NEPA and Section 106 of the NHPA consultation responsibilities for NJDEP administered recreational trails projects. If the projects meet the stipulations herein, no further documentation to satisfy NEPA and/or Section 106 of the NHPA is necessary.

STIPULATIONS

Stipulation I

It is understood that by the nature of activities listed below, there are no noise, air quality, sole source aquifer, historic properties, wetlands, endangered species or right-of-way issues. The following nine (9) activities may be designated as CBs under this agreement pursuant to the NEPA without further approval or documentation, provided they do not cause any impacts listed in stipulation three (3) herein.

It is also understood that by the nature of these activities, the following nine (9) activities wilt have very little or no effect on cultural resources, and therefore do not require coordination of SHP0 consultation pursuant to Section 106 of the NHPA, provided they do not cause any impacts in stipulation three (3) herein,

Based on the above, FHWA is pre-approving all Recreational Trails projects meeting the pre-defined set of conditions under items one (1) through tithe (9) below pursuant the NEPA and the NHPA:

1. trail planning and design work (as part of the administrative allotment);

2. purchase of trail maintenance equipment, materials, and supplies (i.e., mowers, tractors, shovels, hammers, etc,);

3. renovation/restoration of trail and access;

4. re-grading of trail and/or parking;

5. striping/re-striping;

6. debris removal;

7 educational materials;

8. connector trails within boundaries of existing property;

9. "in-kind" repair of signs, kiosks, markers, bridges, fences, guardrails retaining walls and berms

Stipulation 2

It is understood that by the nature of these activities, here are no noise, air quality, sole source aquifer, wetlands, endangered species or right-of-way issues. The following eight (8) activities may also be designated as CE; under this agreement pursuant to the NFPA without further approval or documentation, provided they do not cause any impacts listed in stipulation three (3) herein.

It is understood, however, that if any of the following eight (8) activities listed below or next to a historic property, coordination with the SHPO for Section 106 consultation of he NHPA must occur prior to authorization. The Fl-TWA, therefore, is pre-approving all Recreational Tails Program projects meeting the predefined set of conditions under items one (1) through eight (8) below pursuant to NEPA requirements only

1. rehabilitation/replacement;

2. signage, kiosks, and markers replacement/installation,

3. upgrading the trail and or parking lot from dirt to slot stone/woodchips to asphalt/concrete,

4 fencing, guardrails, retaining walls, berms replacement/installation

5. drainage;

6 landscaping,

7. ADA compliance including the following

  1. ramps;
  2. railing,
  3. re-surfacing (to asphalt or boardwalk),
  4. parking and trail access,
  5. signage.
  6. port -a-potties,

8. permanent installation of ancillary facilities including the following

  1. port-a-potties,
  2. bike racks;
  3. lighting;
  4. benches,
  5. trash receptacles;
  6. course design features (jumps, water hazards, par course equipment, picnic benches).

Stipulation 3

A proposed project must be individuality approved by FHWA pursuant to the NEPA and the NHPA when a project requires/involves any of the following eight (8) items:

  1. acquisition of property;
  2. new trail on new alignment;
  3. adverse-effect finding from SHP0,
  4. environmental permits.
  5. new bridge construction,
  6. endangered species;
  7. hazardous materials,
  8. air quality conformity impacts.

If any one of the items above applies, the NJDEP and the applicant must submit a CE or other environmental document, as appropriate, to FHWA for individual approval, and/or coordinate with the SHPO for Section 106 consultation of the NI-IPA

ADMINISTRATIVE CONDITIONS

1. Applicability. This agreement applies to all recreational trail projects that are administered through the NJDEP and funded by the FHWA

2. Disputes. It is the intent of the FHWA to become actively involved in the resolution of disagreements pertinent to findings of Section 106 eligibility and effects should they arise.

3. Professional Qualifications. All historic preservation work carried out pursuant to this agreement will be performed by or under the direct supervision of a person or persons meeting the Secretary of the Interior's Qualifications Standards, 48 FR 44738-9, for the discipline(s) required to complete the necessary work

4. Monitoring. The FHWA may monitor any activities carried out pursuant to this NJDEP will cooperate with the FHWA in carrying out these monitor responsibilities.

5. Amendments. Any party to this agreement may request that it may amended

6. Termination. Any party to this agreement may terminate it by providing thirty (30) days written notice to the other parties, provided that the parties will consult during the period prior to the termination to seek agreements on amendments or other actions that would avoid termination.

7. Default. In the event that the FHWA or NIDEP cannot carry out the terms of this agreement, the FHWA will comply with 23 CFR §771.

8. Regulatory Revisions. In the event that revised regulations are promulgated, it is the of the signatories of this agreement to continue to allow NJDEP and/or its consultants to independently conduct the work required in the equivalent provisions of the new regulations on behalf of the FHWA and to consult to amend this agreement accordingly.

9. Re-evaluation. The FHWA and NJDEP will from time to time re-evaluate the attached list of undertakings for possible new inclusions and deletions.

Federal Highway Administration: Dennis L. Merida, P.E. Signature, Division Administrator. New Jersery Department of Environmental Protection: James Hall Signature, Assistant Commissioner Natural and Historic Resources Deputy State Historic Preservation Officer


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