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Frequently Asked Questions
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The Bureau of Environmental Program Resources (BEPR) coordinates with a number of federal and state agencies. This coordination requires detailed information about all aspects of the project in order to screen projects and consult with federal and state agencies.
Common project activities that can have multiple meanings depending on the consulting agency (FHWA, USFWS, USCG, USACE, NJDEP, SHPO, D&R Canal Commission). Example: the term “New”
- Installation of new sidewalk and curbing. Is this in-kind replacement? Or installing new sidewalks where none existed before? The two scenarios are regulated differently.
- Installation of new guiderail. Is this in-kind replacement, or did it not exist before? What materials will be used? What is the length? If you’re replacing existing guiderail, will the proposed guiderail be in the exact same location?
- Construction of new drainage/drainage improvements. You cannot simply state “drainage improvements.” What does the work entail? Basin? Trenches? What is the existing drainage system? If you’re replacing existing piping, what is the existing (diameter and material) and what is the proposed piping (diameter and material). If it is a new basin, it will require approval by NJDEP and an archaeological survey may be needed.
- Milling and repaving. How deep are you milling and how much are you repaving? State exact location including mileposts and description (ie. paving curb to curb). Will the work extend outside of the existing pavement box? Are there existing historic materials (ie. blue stone or granite curb, slate sidewalk, granite block pavers, stone gutters).
- Installation/upgrades to ADA ramps. You will need to be very detailed about location especially if you are in/near a historic district.
- Tree removal or trimming. This is a concern for both threatened and endangered species and historic properties/districts. Regarding Bats: I-Pac has specific questions regarding the number of trees, diameter, location with respect to the roadway, timing restrictions. Regarding historic properties/districts, trees may be a contributing element to the historic property.
NEPA
Learn more about NEPA in the Citizen’s Guide to NEPA.
NEPA applies whenever a proposed activity or action:
- is proposed on federal lands;
- requires passage across federal lands;
- is to be funded – either entirely or in part – by the federal government; or
- affects the air or water quality that is regulated by federal law.
When any one of these four conditions are present, the federal agency with the greatest expertise, regulatory authority, and capacity to manage the NEPA process for the proposed project becomes the lead agency for that project.
Categorical exclusions are classes of actions that do not individually or cumulatively have a significant effect on the human environment. Actions that are categorically excluded do not require the preparation of an EA or EIS. An EA or EIS must be prepared if an action would normally be categorically excluded but may result in significant impacts on the human environment, or if the action is covered by extraordinary circumstances. If it is determined that a proposed action is a categorical exclusion and the extraordinary circumstances do not apply, the action can be implemented immediately.
Public participation is an integral part of NEPA’s procedural requirements. Public participation is accomplished through the scoping process, an important step in the early planning stage of an environmental document. The objective of scoping is to identify significant issues and initiate community-based planning and collaboration to determine the action, why it is being considered and to outline what is needed to conduct the action.
Scoping is also used to identify potential impacts associated with project alternatives, which need to be addressed in the EA and EIS. Scoping reduces paperwork, delays and costs, and improves the effectiveness of the NEPA process.
Public participation in scoping is initiated through notices in local newspapers, direct mailings, Federal Register notices and other public documents. The FHWA/NJDOT makes every effort to understand public concerns, accurately record public comments and allow adequate time for involvement by the affected public.
Section 106
The establishes a partnership between the federal government and state, tribal, and local governments that is supported by federal funding for historic preservation (54 U.S.C. § 300101 et seq.). Section 106 of the NHPA requires Federal agencies to take into account the effect of their undertakings on historic properties and aims to identify historic properties potentially affected by the undertaking, assess its effects, and seek ways to avoid, minimize, or mitigate any adverse effect to historic properties (36 CFR § 800.1(a)).
Read the Section 106 Review Process Handout to learn more.
Section 106 review is a requirement for all levels of NEPA review (CE, EA, and EIS). The first step in the review is determining if the proposed undertaking is a type of activity that has the potential to cause effects to historic properties. Any projects that involve earth disturbance and/or construction activities or rehabilitation (replacement of roof, windows, siding) have the potential to effect historic properties and require Section 106 consultation.
The Section 106 review involves consideration of the action’s potential direct and indirect effects to historic properties in the area of potential effects (APE).
There are three possible determinations in Section 106:
No Historic Properties Affected No historic properties are present or there are potential historic properties present but the undertaking will have no effect. | No Adverse Effect to Historic Properties Historic properties are present, but the project will incorporate avoidance measures to ensure any effects will not directly or indirectly alter any to the characteristics of a historic property that is eligible for or listed on the National Register of Historic Places.
Section 106 consultation with SHPO – 30 days for comments. | Adverse Effect to Historic Properties Effects that directly and/or indirectly alter characteristics of a historic property that is eligible for or listed on the National Register of Historic Places.
Continuing consultation to resolve adverse effect – development of an MOA or PA. |
Mitigation of Adverse Effects to Historic Properties is required if there are anticipated direct or indirect affects that alter the characteristics that qualify a historic property for listing on the National Register of Historic Places.
Section 106 does not prohibit actions that result in adverse effects, but it requires continued consultation to develop either a Memorandum of Agreement (MOA) or a Programmatic Agreement (PA) to outline measures to avoid, mitigate, or minimize adverse effects.
In accordance with 36 CFR Part 800.2 Participants in the Section 106 process:
- State historic preservation officer;
- Indian tribes;
- Representatives of local governments;
- Applicants for federal assistance permits, licenses and other approvals;
- Additional consulting parties – certain individuals and organizations with a demonstrated interest in the undertaking; and
- The public.
Is the project in or adjacent to an eligible or listed property or historic district?
Depending on historic property designation and proposed scope of work, considerations may need to be made to repair or replace historic materials in-kind.
Acronyms
ACHP | Advisory Council on Historic Preservation |
CE | Categorical Exclusion |
CED | Categorical Exclusion Document |
CHANJ | Connecting Habitat Across New Jersey |
EA | Environmental Assessment |
EIS | Environmental Impact Statements |
ER | Environmental Re-evaluation |
FHWA | Federal Highway Administration |
FONSI | Finding of No Significant Impact |
MPO | Metropolitan Planning Organizations |
NEPA | National Environmental Policy Act |
NHPA | National Historic Preservation Act |
NJDEP | New Jersey Department of Environmental Protection |
ROD | Record of Decision |
SAGE | System for Administrating Grants Electronically |
SHPO | State Historic Preservation Office/NJ Historic Preservation Office |
USACE | U.S. Army Corps of Engineers |
USCG | U.S. Coast Guard |
USFWS | United States Fish and Wildlife Service |