This PA sets forth three stipulations that FHWA and NJDEP have agreed to in order to satisfy FHWA's National Environmental Policy Act (NEPA) and Section 106 of the NHPA consultation responsibilities for NJDEP administered recreational trails projects. If the projects meet the stipulations, then no further documentation to satisfy NEPA and/or Section 106 of the NHPA is necessary. It is understood that by the nature of the activities listed below, there are no noise, air quality, sole source aquifer, historic properties, wetlands, endangered species or right-of-way issues.
Stipulation 1 identifies nine activities that may be designated as CEs provided that they do not cause any impacts listed in Stipulation 3 (indicated below). The nine activities have also been shown to have very little or no effect on cultural resources and do not require coordination of the SHPO. The nine activities are:
- Trail planning and design work;
- Purchase of trail maintenance equipment, materials and supplies;
- Renovation/restoration of trail and access;
- Regrading of trail and/or parking;
- Striping/restriping;
- Debris removal;
- Educational materials;
- Connector trails within boundaries of existing property;
- "In-kind" repair of signs, kiosks, markers, bridges, fences, guardrails, retaining walls and berms.
Stipulation 2 identifies eight activities that may be designated as CEs provided that they do not cause any impacts listed in Stipulation 3. If any of the eight listed activities occurs in/on/or next to a historic property, coordination with the SHPO for Section 106 consultation must occur prior to authorization. The eight activities are:
- Bridge rehabilitation/replacement;
- Signage, kiosks and markers replacement/installation;
- Upgrading the trail and or parking lot from dirt to stone/wood chips, or stone/wood chips to asphalt/concrete;
- Fencing, guardrails, retaining walls, berms replacement/installation;
- Drainage;
- Landscaping;
- Compliance under the Americans with Disabilities Act (ADA). Includes ramps, railing, re-surfacing, parking and trail access, signage, port-a-potties.
- Permanent installation of ancillary facilities including port-a-potties, bike racks, lighting, benches, trash receptacles, course design features (jumps, water hazards, picnic benches).
Stipulation 3 identifies eight items that, if required by a project, will require that project to be individually approved by FHWA pursuant to NEPA and the NHPA. The eight items are:
- Acquisition of property;
- New trail on new location;
- Adverse-effect finding from SHPO;
- Environmental permits;
- New bridge construction;
- Endangered species;
- Hazardous materials;
- Air quality conformity impacts.
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