APPENDIX D PROGRAMMATIC AGREEMENT (Formerly …

1 APPENDIX D PROGRAMMATIC AGREEMENT (Formerly APPENDIX B of the September 12, 2008 FONSI) Draft Lackawanna PA: 3-25-08 1 PROGRAMMATIC AGREEMENT AMONG THE FEDERAL TRANSIT ADMINISTRATION (FTA), THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION (PA SHPO), THE NEW JERSEY STATE HISTORIC PRESERVATION OFFICE (NJ SHPO) AND THE NEW JERSEY TRANSIT CORPORATION (NJ TRANSIT) REGARDING THE IMPLEMENTATION OF THE NEW JERSEY PENNSYLVANIA LACKAWANNA CUT-OFF PASSENGER RAIL SERVICE RESTORATION PROJECT WHEREAS, NJ TRANSIT is proposing to construct the New Jersey-Pennsylvania Lackawanna Cut-Off Passenger Rail Service Restoration Project (the Project)

2 , a project that will improve commuter rail service between the states of New Jersey (NJ) and Pennsylvania (PA); and WHEREAS, the Project consists of the restoration of railroad passenger service on 88 miles of the former Delaware, Lackawanna & Western (DL&W) Railroad (28 miles in NJ and 60 miles in PA) and the construction of two stations in NJ, six stations in PA, and a maintenance facility in NJ; and WHEREAS, NJ TRANSIT, in consultation with NJ SHPO and PA SHPO and based upon projected construction and rehabilitation activities, does not envision the demolition or removal of any structures and anticipates that all rehabilitation work on historic structures will conform to the Secretary of the Interior s standards, preserving the historic fabric and integrity of such resources and thus ensuring that the project will not result in an adverse effect (as further stipulated subsequently in this AGREEMENT ).

3 And WHEREAS, NJ TRANSIT has identified independent utility for the implementation of a Minimal Operable Segment (MOS) of the Project from Port Morris, NJ to Andover, NJ (a distance of miles) and intends to advance it first; and WHEREAS, the MOS service will operate by extending some of NJ TRANSIT s Morris & Essex or Montclair Boonton Line trains, and the MOS will involve provision of one new station in New Jersey in Andover Township; and WHEREAS, FTA proposes to provide grant funds to NJ TRANSIT to implement a program of restoration, rehabilitation, repair and new construction on the historic DL&W Railroad Lackawanna Cut-Off in New Jersey and the historic DL&W Railroad in Pennsylvania as part of the Project; and WHEREAS, funding is proposed at this time for the MOS only, and implementation of the project beyond the MOS is dependent on the future availability of funding.

4 And WHEREAS, FTA has determined that this PROGRAMMATIC AGREEMENT ( AGREEMENT ) is appropriate for, and necessary to, implementing the entire Project and facilitating the advancement of the Environmental Assessment (EA) required for the documentation of the anticipated environmental impacts of this Project under the National Environmental Policy Act (NEPA); and Draft Lackawanna PA: 3-25-08 2 WHEREAS, the Area of Potential Effect (APE) is defined to include the 88 miles of railroad right-of-way, the proposed station sites, yard facilities, and other areas of construction activity, and historic properties that are both within line-of-sight of areas of construction activities and close enough to undergo changes in their character or use as a result of the Project (see Attachment 1 for APE boundary maps at station and other specific sites).

5 And WHEREAS, historic properties are defined as precontact and historic archaeological sites, buildings, structures, districts, objects, landscapes, and traditional cultural properties included in or eligible for listing in the National Register of Historic Places; and WHEREAS, the entire railroad corridor that comprises the Project, consisting of the Lackawanna Cut-Off in New Jersey and the DL&W Railroad route from Scranton to Slateford Junction, Pennsylvania, has been found to be eligible for listing in the National Register of Historic Places; and WHEREAS, the Project will utilize the existing rail corridor right-of-way for the reintroduction of railroad passenger service; and WHEREAS, areas where new ground disturbance will occur from construction of stations, their associated parking lots, and maintenance facilities are also considered part of the APE.

6 And WHEREAS, although not explicitly noted as contributing elements to these historic resources in the opinions of eligibility, subsurface archaeological features associated with the railroad alignment may be eligible as contributing resources to portions of the alignment which are, or may in the future be determined eligible for listing in the National Register of Historic Places; and WHEREAS, since the original landform within the railroad right-of-way has already been disturbed by construction of the railroad, and reuse of the right-of-way should not involve any ground disturbance in areas not previously modified, no previously undocumented archaeological sites, outside of features related to the railroad itself, should be present within the right-of-way portion of the APE.

7 And WHEREAS, FTA has completed the identification of historic architectural resources within the APE as delineated in the Historic Architectural Resources Background Study, Volumes I and II,prepared by Lynn Drobbin & Associates in May 2006; and WHEREAS, FTA has initiated identification of archaeological properties within the APE as delineated in Phase IA Archaeological Assessments of the station and maintenance sites (separate reports prepared for NJ and PA) by Historical Perspectives, Inc. in September 2004; and WHEREAS, FTA has determined, and the NJ SHPO and PA SHPO have concurred, that the Project will have no adverse effect, subject to the conditions listed in this AGREEMENT , on the following historic architectural resource components of historic properties included in, or eligible for inclusion in, the National Register of Historic Places: in PA.

8 Steamtown National Historic Site, Dansbury Depot, DL&W Railroad Route from Scranton to Slateford Junction, DL&W Railroad Bridge #60, DL&W Bridge #60 Interlocking Tower, Tobyhanna Station, Tobyhanna Interlocking Tower, East Stroudsburg Interlocking Tower, East Stroudsburg Water Station, Ridgeway Street Pony Truss Bridge, DL&W Railroad Viaduct over the Delaware River; and in NJ: DL&W Railroad Viaduct over the Delaware River, Old Main DL&W Railroad Historic District (including multiple contributing resources), Port Morris Yard, Port Morris Yard Boiler House, Port Morris Interlocking Tower, DL&W Railroad Draft Lackawanna PA.

9 3-25-08 3 Lackawanna Cut-Off Historic District (including multiple contributing resources), Coursen Fill, Pequest Fill, Roseville Tunnel, Paulins Kill Viaduct, Hope Road Bridge, Blairstown Railroad Station and Freight House, Greendell Interlocking Tower, Greendell Station, and the Greendell General Store; and WHEREAS, the Johnsonburg Station was omitted from the historic resources survey and will not be used for any Project purpose and was recently demolished for safety concerns and AGREEMENT was reached between NJ TRANSIT and the NJ SHPO that the site will be evaluated and/or documented in a manner to be determined through further consultation; and WHEREAS, NJ TRANSIT has participated in the consultation and has been invited to concur in this AGREEMENT .

10 And WHEREAS, this Project is based on recommendations contained in the Section 106 Effects Assessment for the New Jersey Pennsylvania Lackawanna Cut-Off Passenger Rail Service Restoration Project (Effects Assessment), December 2006; and WHEREAS, the PA SHPO and the NJ SHPO have reviewed and commented on the recommendations contained in the Effects Assessment in correspondence dated respectively February 6, 2007 and April 30, 2007; and; WHEREAS, this AGREEMENT includes the scope of intended treatment and preservation philosophy to guide future work; and WHEREAS NJ TRANSIT employs a Historic Preservation Specialist (HPS) meeting the Secretary of the Interior s Professional Qualifications Standards for Architectural History (36 CFR Section 61, APPENDIX A); NOW, THEREFORE, the FTA, PA SHPO, NJ SHPO and NJ TRANSIT agree that the Project shall be implemented in accor