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South AmboyGreen Risk

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Executed Memorandum of Agreement

BID #: NAN-2020-00587-EMI

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Executive Summary

This document is a Second Amended Memorandum of Agreement (MOA) between the Federal Highway Administration (FHWA) and the New Jersey State Historic Preservation Officer (NJSHPO) concerning the Intermodal Ferry Transportation Center (IFTC) project in South Amboy, New Jersey. It addresses the project's potential adverse effects on the Camden & Amboy Railroad (Main Line) Historic District and outlines measures to mitigate these effects. The MOA details stipulations regarding site design, interpretive features, archaeological monitoring, and the handling of artifacts discovered during construction, with the goal of balancing the project's development with the preservation of historic resources.

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--- Document: Executed Memorandum of Agreement Document ---
Final 7/4/2021
SECOND AMENDED
MEMORANDUM OF AGREEMENT
BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION AND
THE NEW JERSEY STATE HISTORIC PRESERVATION OFFICER
REGARDING THE INTERMODAL FERRY TRANSPORTATION CENTER
CITY OF SOUTH AMBOY, MIDDLESEX COUNTY, NEW JERSEY
This agreement further amends the Memoranda of Agreement
executed on July 25, 2003, amended December 22, 2009, and extended December 17, 2019 by
agreement of all consulting parties
USACE PERMIT APPLICATION NUMBER NAN-2020-00587-EMI
WHEREAS, the City of South Amboy proposes to construct an intermodal ferry
facility [including access roadways, parking, inter-connecting pedestrian access
walkways, terminal and in-water improvements] to accommodate up to three ferry
vessels in South Amboy, Middlesex County using funds provided by the Federal
Highway Administration (FHWA) via the New Jersey Department of Transportation
(NJDOT); and
WHEREAS, the FHWA, the New Jersey State Historic Preservation Office
(NJSHPO), the Advisory Council on Historic Preservation (Council), and the NJDOT
executed a Programmatic Agreement in November of 1996 which stipulates how
FHWA's Section 106 responsibilities for NJDOT-administered federal aid projects will
be satisfied; and
WHEREAS, in accordance with that agreement, the NJDOT has consulted with
the NJSHPO in order to determine the area of potential effect (APE), to identify
significant National Register eligible and listed properties, and to assess the effects of the
project on both eligible and listed properties within the APE pursuant to the requirements
of 36 CFR Part 800, the regulations implementing Section 106 of the National Historic
Preservation Act of 1966 as amended (16 U.S.C.470f); and
WHEREAS, background and field research indicated that physical remains of the
Camden & Amboy [ca. 1831-1871] and Pennsylvania [ca. 1871-1965] Railroads persist
within and beyond the APE, but the survival and integrity of the physical remains in the
APE were initially thought to be low due, primarily to physical alterations of the
topography; and
WHEREAS, the historic significance of the property within the APE initially
resulted primarily from it being the location of nationally significant events, the feeling or
sense of place conveyed by the few physical remains, and the setting of the former rail
yard and piers; and
WHEREAS, previous consultation on other projects resulted in an initial June 26,
1975 opinion (and several reiterations of that opinion in the context of federally funded
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roadway and other projects) that the Camden & Amboy Railroad (Main Line) Historic
District is eligible for listing in the National Register of Historic Places; and
WHEREAS, previous consultation has also indicated that the period of
significance for the Camden & Amboy Railroad (Main Line) Historic District spans the
tenures of both railroad companies; and
WHEREAS, consultation for other projects affecting the Camden & Amboy
Railroad (Main Line) Historic District has focused on identifying and protecting
contributing resources and features of the historic district; introducing historically
compatible new bridges, stations, and structures; and adequately mitigating the adverse
effects resulting from new construction or removal of original features; and
WHEREAS, Hunter Research, Inc. (HRI) initially compiled an inventory of
visible railroad remains within the APE [The Catenary Structures at the Intermodal Ferry
Transportation Center, South Amboy, Middlesex County, New Jersey with a note on
Camden and Amboy Railroad Stone Sleepers, Historic Context, Description and
Recommendations; Ian Burrow, December 2002] which recommended that the overall
integrity of the Camden & Amboy Railroad yards at this location is low due to the heavy
and continual modification of the landscape for railroad and industrial use, and the
explosion event of May 19, 1950 which destroyed buildings and facilities along the
waterfront; and
WHEREAS, in consultation comments dated December 14, 2001 and February
27, 2002 the NJSHPO concurred with FHWA's determination that the construction of
this project as proposed would have an adverse effect on the Camden & Amboy Railroad
(Main Line) Historic District due to the alteration and/or removal of the catenary
structures and stone sleepers; and
WHEREAS, in correspondence dated October 24, 2002 the NJ SHPO recognized
the cumulative effect of multiple projects on the Camden & Amboy Railroad (Main Line)
Historic District; and
WHEREAS, in 2002 the NJDOT and FHWA considered alternatives to avoid or
minimize the adverse effects and found that they were not feasible; and
WHEREAS, a general Camden & Amboy corridor management study entitled
Camden and Amboy Railroad Historic Districts Study, Volume 1 and Volume 2
[Archaeological and Historical Consultants, Inc., 2001] identified appropriate mitigation
strategies and additional opportunities which were considered by the project sponsors in
developing a mitigation program to offset the adverse effects of the proposed
construction; and
WHEREAS, consultation for the Southern New Jersey Light Rail Transit System
(SNJLRTS) has involved extensively researched considerations of appropriate standard
design features for new construction within the Camden & Amboy Railroad (Main Line)
Historic District; and
WHEREAS; it is desirable to utilize a single design vocabulary for all projects
within the historic district; and
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WHEREAS, as part of the initial Section 106 consultation, two public meetings
were held on February 8, 2001 and June 27, 2001 in the City of South Amboy to describe
the project and the environmental studies which had been conducted to the public, and to
allow the public to ask questions and provide comments on the work conducted to date;
and
WHEREAS, questions and comments at that meeting related primarily to traffic
engineering issues; and
WHEREAS, in 2001 and 2002 the FHWA, NJSHPO, NJDOT and City of South
Amboy, consulted to develop a plan to mitigate the adverse effects; and
WHEREAS, the Council was notified of the adverse effect and was invited to
participate in the consultation process via letter from the Federal Highway
Administration's NJ Division Office dated March 21, 2002 and declined to participate in
the consultation process; and
WHEREAS, in order to resolve adverse effects to historic properties, a
Memorandum of Agreement (MOA), developed in consultation with consulting parties,
was executed on July 25, 2003 which stipulated specific mitigation activities that must be
completed in order to advance to construction; and
WHEREAS, a combined Environmental Assessment (EA) and Section 4(f)
Evaluation were prepared pursuant to 42 U.S.C. 4332(2)(c), 54 U.S.C. 306108, 470(f), 49
U.S.C. 303 and 23 U.S.C. 138 (December 4, 2003), and a Finding of No Significant
Impacts (FONSI) was made by FHWA on January 3, 2005; and
WHEREAS, for the purposes of construction the project was broken into four
project phases: the Main Street Bridge, Radford Ferry Road Phase I, Radford Ferry Road
Phase II, and the Intermodal Ferry Transportation Center (IFTC) site (remediation and
construction); and
WHEREAS, the Main Street Bridge project was completed in Spring of 2007, the
construction of the Radford Ferry Road Phase I project was completed in May 2009, the
Radford Ferry Road Phase II project was completed in September 2012 and remediation
of the IFTC site was completed in 2018; and
WHEREAS, although construction of the Main St. bridge project had been
completed and construction on the Radford Ferry Road bridge had been initiated prior to
the July 25, 2008 expiration of the MOA executed on July 25, 2003 (“2003 MOA") as
required by Administrative Condition V Review of Implementation of that agreement, the
consulting parties agreed it would be prudent to execute an Amended MOA to address
changes to the project and needed changes to the Stipulations of the 2003 Agreement; and
WHEREAS, the design for the IFTC was subsequently revised (from the 2003
proposal) prior to the issuance of a New Jersey Department of Environmental Protection
(NJDEP) Waterfront Development permit on June 19, 2009 (Permit No. 1220-02-0002.2,
WFD 050001) the location of the waterfront walkway was moved landward of the
wetland transition area, the breakwater was significantly reduced in size, and the ferry
dock and access locations were changed, thus both the dredging of approximately 36,000
CY of material and the containment area for the dredged materials were eliminated from
the project; and
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WHEREAS, an Amended MOA was executed on December 22, 2009; and
WHEREAS, archeological monitoring protocols were initially developed in
2009, revised in response to NJ SHPO comments (Gregg to Marcopul, 5/28/2009, and
email, Hughes to Rappleye, 8/14/2009) in February of 2010, resubmitted to the NJ SHPO
for comment on February 17, 2010, and revised in November of 2011 in response to
comments from both NJDOT and the NJ SHPO as required by Stipulation I of the 2009
Amended MOA; and
WHEREAS, archeological monitoring was undertaken using the approved
protocols 2012 as an adjunct to the construction of Radford Ferry Road Phase II and
related soil remediation actions, and the work reported in Chapter 7 (Identification and
Evaluation of Archaeological Resources), and Appendix F Documentation of Wooden
Trestle Structure. November 15, 2012) of the report Cultural Resources Investigations,
Intermodal Ferry Transportation Center (Hunter Research, Inc. December 2015); and
WHEREAS, archeological monitoring protocols involving both observational
and documentary monitoring as required by the MOA were revised on mid-2016 and
were employed in 2016 and 2017 in connection with the remediation of contaminated
soils at the IFTC site; and
WHEREAS, for the purpose of managing and describing data, eighteen
remediation areas were identified within the former Conrail and Spectrserve sites; and
WHEREAS, documentary monitoring following the unexpected discovery of a
mid-19th century Camden & Amboy era railroad turntable beneath the remains of a late
19th/early 20th century engine house in Remedial Area 15, and traces of the original
Camden & Amboy Railroad rail bed laid down in 1832, along with numerous re-used
stone sleepers and evidence of underlying Native American occupation in Remedial Area
16 and registered as the Camden and Amboy Railroad/Pennsylvania Railroad Terminal
Archaeological Site (28-Mi-289) revealed significant information about the natural and
culturally modified stratigraphy of the site (and the locale), as well as the potential for
other features of both the Camden & Amboy and Pennsylvania Railroads' tenures of the
site to be extant; and
WHEREAS, observational monitoring in other remedial areas of the IFTC site
provided for the documentation of additional archeological resources; and
WHEREAS, the locations of the eighteen remedial areas are identified and the
data collected during all monitoring efforts conducted to date are described in the report
Archaeological Monitoring and Testing, Environmental Remediation at the Former
Conrail and Spectraserve Sites (Hunter Research, Inc. June 2018); and
WHEREAS, additional archeological monitoring will be required during the
construction of the IFTC site and terminal building in order to fully satisfy the
requirements of Stipulation I of the 2009 Amended MOA, as extended in 2019; and
WHEREAS, the photographic documentation required by Stipulation II of the
2009 Amended MOA, as extended in 2019, has been taken at various times between 2002
and 2015, and selected photographs from the inventory of photos appear in the December
2015 report, Cultural Resources Investigations, Intermodal Ferry Transportation Center
(Hunter Research, Inc.) in Chapters 6 ( Identification and Evaluation of Historic
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Architectural Resources) and 7 (Identification and Evaluation of Archaeological
Resources), and Appendices C (Hunter Research, Inc. The Catenary Structures at the
Intermodal Ferry Transportation Center, South Amboy, Middlesex County, New Jersey.
2002) and F (Documentation of Wooden Trestle Structure. November 15, 2012); and
WHEREAS, the requirements for Field Verification of Pier/Wharf Locations of
Stipulation III of the 2009 Amended MOA have been exceeded through the use of geo-
rectified drone-acquired aerial photography for precise mapping, inspection and
documentation (notes and photography) of all piling and pier/wharf remains, and Historic
American Engineering Record (HAER)-level recording of the Westmoreland and Lehigh
piers, and is documented in Archaeological Documentation Camden and Amboy
Railroad/Pennsylvania Railroad Wharves Westmoreland Pier and Lehigh Pier
(Intermodal Ferry Transportation Center Site) City of South Amboy, Middlesex County,
New Jersey (Harshbarger, Hunter, and Butchko, December 2020); and
WHEREAS, a landscape architect working with HRI staff developed Style
Guidelines for the Intermodal Ferry Transportation Center, South Amboy, Middlesex
County, New Jersey (B. W. Bosenberg & Company, Inc. 2012) as a catalogue of design
ideas responsive to the Secretary of the Interior's Standards for the Treatment of Historic
Properties that would be appropriate for incorporation into the design of the IFTC site as
required by Stipulation IV.A of the 2009 Amended MOA, as extended in 2019; and
WHEREAS; the IFTC site design must be responsive to the need to consider
other environmental features and cannot be finalized until any restrictions to or
modifications of the design are identified through the various state and federal permitting
processes; and
WHEREAS, a stakeholder's meeting was held in the City of South Amboy on
January 8, 2019 and a Pre-Application meeting was held with NJDEP's Office of Permit
Coordination (12 NJDEP Units represented) and a representative of the United States
Army Corps of Engineers (USACE) on May 28, 2019, for the purpose of identifying
issues/concerns about the project that may affect the proposed design and/or the issuance
of permits; and
WHEREAS, the design of the IFTC site was again revised prior to seeking
permits from the NJDEP in 2020, to include an additional ferry berth (total 3), the
elimination of the proposed breakwater, an elevated walkway and a detention basin, and
to reintroduce approximately 24,400 CY of dredging and reuse of dredged materials on
site to increase the site grade; and
WHEREAS, based on the revised site plan, a combined NJDEP Waterfront
Development Individual Permit, Water Quality Certificate/Acceptable Use Determination
was issued on June 8, 2020 that authorized construction of a ferry terminal comprised of
a terminal building, staging plaza with canopy, floating docks, parking for approximately
626 cars, sidewalks, landscaping, lighting, five timber clusters, steel sheet bulkhead, and
a stormwater management system, and required both filling of intertidal shallows and
dredging; and
WHEREAS, the NJDEP permit also included Pre-Construction Conditions that
repeated the outstanding conditions in the 2009 Amended MOA and new historic
5
property concerns required submission of cross sections showing cut/fill of the IFTC site,
for impacts on identified archeological properties completion of outstanding reports of
cultural resources investigations, completion of additional archeological studies and
appropriate consultation as warranted by the discovery of additional archeological
resources or changes to the project design, and completion of the outstanding design
work (interpretive and aesthetic); and
WHEREAS, the terminal site plan was again revised in response to pre-
application consultation with the USACE and others in order to avoid impacts to
intertidal mudflats considered to be a special aquatic site; and
WHEREAS, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and
Section 404 of the Clean Water Act, 33 U.S.C. § 403 and 33 U.S.C. § 1344, USACE has
been requested to issue a permit authorizing the discharge of fill, dredging and
construction of ferry berthing structures along the Raritan Bay waterfront as described by
the City of South Amboy in Department of the Army permit application NAN-2020-
00587-EMI; and
WHEREAS, the discharge of fill, dredging and installation of waterfront
structures, by the applicant is identified as the "Undertaking" in the permit application;
and
WHEREAS, USACE has defined the Permit Area for the Undertaking, as
defined at 33 CFR Part 325, Appendix C, as:
Construction of ferry berthing structures
Construction of new bulkhead (approximately 1,225 linear feet
constructed waterward of existing around a solid, filled pier)
Discharge of fill within a reconstructed bulkhead on a solid filled pier
(approximately 748 cubic yards of fill discharged over approximately
3,770 square feet/0.087 acres below plane of Spring High Water (SHW))
Construction of an approximately 42-inch diameter outfall and
associated scour protection (approximately eight cubic yards of fill
discharged over approximately 560 square feet below the plane of SHW)
Maintenance dredging (approximately 15,205 cubic yards dredged over
approximately 148,181 square feet/3.40 acres)
And the following upland activities per 33 CFR Part 325, Appendix
Section (1)(g)(1):
Construction of a ferry terminal building
- Construction of a ferry plaza building
- Construction of parking lots and roadways
Construction of walkways
Construction of upland retaining wall/bulkhead (approximately 536
linear feet); and
WHEREAS, USACE has determined that the Permit Area for the Undertaking is
identical to the Area of Potential Effect; and
WHEREAS, FHWA and the NJDOT have continued consultation with the
NJSHPO pursuant to Section 106 of the National Historic Preservation Act (54 U.S.C. §
6
306108); Advisory Council of Historic Preservation (Council) implementing regulations
at 36 CFR Part 800; and
WHEREAS, modifications to the project resulting from consultation with the
NJDEP and USACE prompted a modification to the project's APE, and additional
investigations to identify historic properties and assess effects; and
WHEREAS, consultation with the NJSHPO resulted in the determination that
additional elements of the Camden and Amboy Railroad/Pennsylvania Railroad Terminal
Archaeological Site (28-Mi-289) extend eastward within the project site and that the
Westmoreland and Lehigh Piers contribute to the Camden and Amboy Railroad Main
Line Historic District (emailed comments, Marcopul to Rappleye 5/6/2021); and
WHEREAS, consultation for the dredging of a slightly less than four (4) acre
area between the Westmoreland and Lehigh piers, resulted in agreement that the potential
for the construction to encounter any contributing submerged archaeological resources is
low based on prior dredging data from the 1870's, but noted that timber piles or crib
remnants of the northeast end of the Westmoreland Pier demolition ca. 1910 may be
present (Marcopul to Rappleye 5/6/2021); and
WHEREAS; the NJSHPO concurred that the proposed archaeological monitoring
of construction in that area would be appropriate to treat any historic properties or
unanticipated archaeological discoveries per 36 CFR 800.13; and
WHEREAS, the NJSHPO also concurred that the installation of steel sheeting
around portions of the perimeter of the Westmoreland pier, a portion of the Lehigh piers
and the intervening waterfront as required by the revised plan resulted in concurrence that
this new component of the proposed construction would have no adverse effect
[Marcopul to Rappleye 5/6/2021], but would not change the overall finding of adverse
effect for the project; and
WHEREAS, the City of South Amboy has continued to develop the physical and
aesthetic components of the IFTC Site Plan in accordance Stipulation IV of the 2009
Amended MOA; and
WHEREAS, the combined historic and archeological investigations of the IFTC
site have provided important information on the Camden & Amboy Railroad's original
construction methods, locations and use of the site through the nineteenth century, a more
extensive understanding of site stratigraphy at this location, and both the existence of and
the potential for undiscovered archeological remains to be present at the IFTC site; and
WHEREAS, elevation +15 above sea level has been established in consultation
with Hunter Research, Inc. (HRI) as the highest elevation at which historically significant
Camden & Amboy railroad and pre-Contact strata can reasonably be expected atop the
pre-twentieth century sand peninsula where the circa 1832 Camden & Amboy Railroad
rail alignment is located; and
WHEREAS, the site plan has been modified to avoid and/or minimize impacts to
discovered archeological features/artifact bearing deposits and recently identified former
land surfaces which have the potential to contain archeological features associated with
the Camden & Amboy Railroad/Pennsylvania Railroad South Amboy Terminal
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Archaeological Site to the degree possible by raising the grade of the site and removing
sub-grade drainage basins; and
WHEREAS, the cross sections submitted to the NJSHPO for review on July 24,
2020 demonstrated that the grade of the IFTC site has been designed to avoid
construction below elevation +16 above sea level whenever possible; and
WHEREAS, the NJSHPO provided comments (email Baratta to Thein, 9/4/2020)
concurring that construction would occur in only one area of high archeological
sensitivity, but a minimum cap approximately two feet deep would be maintained at that
location, thereby precluding the need for additional archeological investigations unless
unexpected resources are discovered during project implementation; and
WHEREAS, the City of South Amboy has determined it is not feasible to
construct a "gateway" to the IFTC facility, as originally envisioned, that preserves in
place two types of catenary structures as required by Stipulation IV.B of the 2009
Amended MOA, but has proposed to preserve the one remaining catenary structure and
three existing catenary vertical sections which will be modified to serve as light
standards) elsewhere on the IFTC site and provide appropriate interpretation; and
WHEREAS, in consultation with the NJSHPO, the City of South Amboy has
proposed a site plan that includes preservation and interpretation of extant historic
features, reconstruction of interpretive features with appropriate signage, commemorative
features, and an alternate gateway design that acknowledges the Camden & Amboy
Railroad Historic District and uses materials and design that are compatible with the
setting; and
WHEREAS, upon review of the draft landscape design documents and
interpretive elements, in continuing consultation comments dated February 18, 2021, the
NJSHPO found that the components of the plan are in conformance with the 2009
Amended MOA, as extended in 2019 and are generally compatible with the historic
property (email Marcopul to Rappleye, 2/18/2021); and
WHEREAS, after posting information (including technical reports describing
historical, architectural and archeological research undertaken for the project, non-
technical summaries, and related documents) on the City's web site, the City of South
Amboy sought comment from the public on the proposed IFTC site design during a
February 25, 2021 virtual meeting; and
WHEREAS, those in attendance were supportive of the proposed design, and no
objections to the proposed site plan have been raised or modifications to the plan
requested; and
WHEREAS, the City of South Amboy has invited the Historical Society of South
Amboy to participate in the further development of interpretive features for the IFTC;
and
WHEREAS, a conceptual rendering of the ferry terminal building has been
submitted to the NJSHPO for comment, was included in information posted on line and
displayed at the February 25, 2021 public meeting; and
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WHEREAS, the ferry terminal building will be built in the future, subject to
continuing Section 106 consultation, and addressed in the stipulations below; and
WHEREAS, during the 2016-2017 archeological monitoring large Camden &
Amboy Railroad artifacts were recovered and stockpiled on site for use in future
interpretive or landscape features; and
WHEREAS, archaeological fieldwork has identified large quantities of Camden
& Amboy Railroad stone rail sleepers and blocks that are present on-site and has
documented their existence and location (HRI December 2020 report); and
WHEREAS the FHWA, NJSHPO, NJDOT, and City of South Amboy have
agreed that all such artifacts in the tidal zone remain in-situ regardless of whether or not
they are in their original locations; and
WHEREAS, the City of South Amboy has agreed to retain ownership of all
archeological materials (artifacts and related records) recovered from the site during the
current project for use in educational/interpretive exhibits on site, at City-owned
properties, or through loan agreements with other facilities in lieu of offering them to
other facilities as described in Stipulation V of the 2009 Amended MOA, as extended in
2019; and
WHEREAS, the additional historic research required by Stipulation VI.A of the
2009 Amended MOA, as extended in 2019, has been completed and the information
obtained has been integrated into the several reports of investigations completed for IFTC
project, but notably in Chapter 5 [Historic Context for The Camden and Amboy Railroad
(Main Line) Historic District (1831-1970)] of Cultural Resources Investigations,
Intermodal Ferry Transportation Center (Hunter Research, Inc. December 2015); and
WHEREAS, the technical reporting requirement included in the 2009 Amended
MOA, as extended in 2019, as Stipulation VI.B has been satisfied through the
compilation of three documents:
•
•
Cultural Resources Investigations, Intermodal Ferry Transportation Center
(Hunter Research, Inc. December 2015 which consolidates information from
several earlier studies conducted prior to the execution of the 2009 Amended
MOA,
Archaeological Monitoring and Testing, Environmental Remediation at the
Former Conrail and Spectraserve Sites (Hunter Research, Inc. June 2018), and
Archaeological Documentation Camden and Amboy Railroad/Pennsylvania
Railroad Wharves, Westmoreland Pier and Lehigh Pier (Intermodal Ferry
Transportation Center, City of South Amboy, Middlesex County, New Jersey
(Hunter Research, Inc. December 2020); and
WHEREAS, reporting of the archeological monitoring for the construction of the
IFTC site and, later, the terminal building will be compiled as addenda to the existing
report (or in an alternate format as agreed with the NJSHPO) as defined in Stipulations II
below; and
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WHEREAS, pursuant to the 2009 Amended MOA, an initial non-technical
descriptive summary of information about the history of the rail facility in the context of
the Camden & Amboy and Pennsylvania rail systems, The Intermodal Ferry
Transportation Center, New Jersey's First Tidewater Railroad Terminal (Hunter
Research, October 2015) was prepared in the NJDOT's Cultural Resources Digest format
and posted on the City's web site pursuant to Stipulation VI.C of the 2009 Amended
MOA, as extended in 2019; and
WHEREAS, a second non-technical summary addressing the results of the 2016-
2017 archaeological monitoring program, The Intermodal Ferry Transportation Center,
New Jersey's First Tidewater Railroad Terminal, Archaeological Monitoring Supplement
(Hunter Research, May 2018) was also prepared in the Cultural Resources Digest format
and posted on the City's web site pursuant to Stipulation VI.C of the 2009 Amended
MOA, as extended in 2019; and
WHEREAS, the City of South Amboy reposted the two non-technical summaries
along with all cultural resources reports prepared to date (and relevant documents) on
their website on February 12, 2021 pursuant to Stipulation VI.C of the 2009 Amended
MOA, as extended in 2019; and
WHEREAS, the City of South Amboy has created an "Updated Ferry Project
Information" Quick Link on their web site to continue to make existing and subsequent
cultural resources reports and related documents publicly available, to provide an address
where information about the IFTC site design and interpretive features will be available
for public review and comment during the final design process, and to provide updates on
the project during construction; and
WHEREAS, the City has agreed to continue to maintain all (present and future)
cultural resources reports prepared for this project and related documents as a feature of
the City's website for at least ten (10) years, with the documents becoming part of the
site's archive once they no longer appear as a feature of the site; and
WHEREAS, FHWA has determined that the undertaking will have an effect
which is not adverse on the newly identified (and subsequently expanded) Camden &
Amboy Railroad/Pennsylvania Railroad South Amboy Terminal Archaeological Site, 28-
Mi-289, which is individually eligible for listing in the National Register of Historic
Places and eligible as a contributing element of the Camden & Amboy Railroad (Main
Line) Historic District, and the undertaking in its entirety continues to have an adverse
effect on the New Jersey and National Register eligible Camden & Amboy Railroad
(Main Line) Historic District; and
WHEREAS, FHWA initiated consultation with the Delaware Nation, the
Delaware Tribe of Indians of Oklahoma and the Shawnee Tribe on February 16, 2021, to
request their comments on the proposed undertaking, and sent a second request on March
16, 2021; and
WHEREAS, the Delaware Nation responded on March 16, 2021 (Paden to To
Whom It May Concern) noting the possibility of endangering cultural or religious sites of
interest to the Delaware Nation and stating that as long as an archeological monitor is
present and could halt construction to allow for consultation with the Delaware Nation
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should artifacts or a site be inadvertently discovered, the project could continue as
planned; and
WHEREAS, the Delaware Tribe of Indians responded on April 26, 2021 stating
they have no objection to the proposed project, but asked that if any archaeological or
human remains are discovered during construction that work be halted, the tribe notified
immediately, and appropriate consultation be initiated; and
and
WHEREAS, the Shawnee Tribe did not respond to either request for comments;
WHEREAS, the requests from the tribal nations will be specifically included in
the archaeological monitoring plan and discussed at the preconstruction conference to be
held after selection of a contractor for the work and prior to the initiation of any on-site
construction activities; and
WHEREAS, all federally recognized tribal nations will continue to be consulted
if any additional Pre-Contact period archaeological resources or historic properties are
identified during project implementation; and
WHEREAS, this agreement amends the previous Memoranda of Agreement
[executed on July 25, 2003, as amended on December 22, 2009] and extended on
December 17, 2019 via agreement by the Signatories;
NOW, THEREFORE, the FHWA, and the NJSHPO agree that the undertaking
shall be implemented in accordance with the following stipulations in order to take into
account the effect of the undertaking on historic properties.
STIPULATIONS
The FHWA and USACE shall ensure that the following measures are carried out:
The City of South Amboy, using the services of a qualified consultant, in accordance
with Administrative Condition II and prior to the initiation of construction, shall
implement the following stipulations.
I.
Design Considerations
A. Site Design
The City of South Amboy, using the services of a landscape architect working
with a qualified consultant, in accordance with Administrative Condition II shall
develop site plans and specifications that minimize the visual impacts of the new
construction on the remaining features of the historic rail facility. The City of
South Amboy shall continue to consult with the NJSHPO and any consulting
parties that may wish to participate, for review and comment on the design of the
IFTC site, including the planned gateway, interpretive features and site amenities
(benches, trash receptacles, lighting, etc.) to ensure the design is responsive to the
standards, guidelines, and recommended approaches for new construction
11
affecting historic properties as set forth in the Secretary of the Interior's
Standards for the Treatment of Historic Properties. Historic compatibility
considerations shall include design, location, size, scale, materials, color,
workmanship, and visual impacts. As the design progresses, the City shall post
site design information on its website to inform the public of the progress of the
design.
B. Site Interpretive Features
The City of South Amboy using the services of a qualified consultant, in
accordance with Administrative Condition II shall provide plans and
specifications for the use of artifacts and historic documents as part of
interpretive displays on-site, in the new terminal facility and as part of the
purpose-built gateway structure. The City of South Amboy shall seek and
consider the comments of the Historical Society of South Amboy NJSHPO and
any consulting parties that may wish to participate as they continue to develop
the interpretive components of the IFTC site.
C. Site Design Review
The City of South Amboy shall ensure that site plans, including design details,
and specifications are submitted to the NJSHPO for review as soon as possible,
but at least sufficiently prior to seeking authorization of funding for the project
from NJDOT that any comments provided by the NJSHPO can be addressed.
Any design issues raised by the NJSHPO shall be addressed and resolved through
consultation among the City, NJSHPO, and NJDOT prior to advertisement of the
project and/or prior to the initiation of any actions which may limit or preclude
the consideration of alternatives. NJDOT shall request that FHWA participate in
the consultation if the issues cannot be resolved without their intervention.
D.
Terminal Design
The City of South Amboy shall continue to consult with the NJSHPO and any
other consulting parties that may wish to participate, on the design of the terminal
building to ensure the design is responsive to the standards, guidelines, and
recommended approaches for new construction affecting historic properties as set
forth in the Secretary of the Interior's Standards for the Treatment of Historic
Properties. Historic compatibility considerations shall include design, location,
size, scale, materials, color, workmanship, and visual impacts. As the design
progresses, the City shall post site design information on its website to inform the
public of the progress of the design. The site plans, including design details, and
specifications shall be submitted to the NJSHPO for review as soon as possible,
but at least sufficiently prior to advertising for the construction of the project that
any comments provided by the NJSHPO can be addressed. Any design issues
raised by the NJSHPO shall be addressed and resolved through consultation
among the City and NJSHPO and/or pursuant to Administrative Condition V prior
to advertisement of the job and/or prior to the initiation of any actions which may
limit or preclude the consideration of alternatives.
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II.
III.
Archeological Monitoring
A.
Revised Protocols
The City of South Amboy shall ensure that monitoring protocols developed for
earlier phases of construction are updated to reflect the greater understanding of
the site; the requests of the Tribal Nations; and the potential for resources to
exist/be discovered during construction of both the IFTC site and the terminal
building. The revised protocols shall identify specific construction activities that
will require archaeological monitoring based on current plans and cross sections,
and any subsequent revisions that are made. The revised protocols shall provide
for inclusion of appropriate preconstruction notification of all construction
inspectors and contractors; procedures for notification of the project
archeologist(s), NJDOT-Bureau of Environmental Program Resources (BEPR),
NJSH