N.J. Admin. Code § 7:22-10.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:22-10.8 - Cultural resource survey requirements

(a) Based upon the preplanning summary prepared in accordance with N.J.A.C. 7:22-10.3, or other information available, the Department will make a preliminary determination regarding the need for and scope of a cultural resource survey. Factors that will affect this preliminary evaluation include:

1. The type and extent of the activity under consideration, particularly the nature of the physical disturbance that may be associated with the proposed undertaking;

2. The environmental characteristics of the planning area; and

3. If known, the likelihood of cultural resource material being present in the planning area.

(b) The Department may determine during the preliminary evaluation that the proposed project will have no effect upon cultural resources. In such cases, no survey will be required and the project may proceed without further cultural resource consideration.

(c) If the Department determines that a cultural resource survey is required for the proposed project, then the Department shall specify the level of survey that is required to be completed. The project sponsor shall secure the services of a professional, qualified archaeologist to prepare the level of survey as determined by the Department.

(d) The project sponsor shall submit to the Department a proposal for each level of cultural resource survey required, as directed by the Department in accordance with (c) above. The proposal shall be prepared by a professional, qualified archaeologist. No cultural resource survey shall be initiated until the Department reviews and approves, in writing, the scope of work for the cultural resource survey.

(e) The levels of cultural resource survey are progressive and the Department may decide at the conclusion of any given level that adequate documentation has been presented for the Department to issue a determination of effect as defined in (i) below. The project sponsor shall not proceed with a subsequent survey level until directed to do so by the Department.

(f) The following are the levels of cultural resource survey that the Department may require:

1. The first level of investigation is the Stage IA Documentation Review and Strategy Development Survey which consists of the following:

i. A broad-based literature search that provides a concise but comprehensive discussion of the prehistoric and historic development of the planning area referencing all known sites;

ii. An analysis of the documentation obtained from the State Historic Preservation Officer, the State Archaeologist, State and local libraries and museums, historic and archaeological societies, universities, professional and avocational experts;

iii. An environmental and geological analysis of the planning area which, taken with the archaeological and historic documentation, will predict areas of varying potential for the presence of cultural resources;

iv. An initial field inspection of the planning area; and

v. Recommendations for additional surveys, such as the Site Recognition Survey described in (f)2 below, that may be required.

2. The next level of investigation is the Stage IB Site Recognition Survey which consists of the following:

i. Subsurface testing for the identification of previously undocumented archaeological sites. Subsurface tests, placed at intervals approved by the Department, must be of sufficient depth to sample all soil strata that may potentially contain evidence of past human activity;

ii. An explanation, clearly presented and justified, of the survey methodology employed;

iii. The identification of previously undocumented historic sites or structures which require further architectural consideration;

iv. A clear analysis and presentation of the results of the survey; and

v. Recommendations for further actions concerning the avoidance of identified cultural resources or additional surveys.

3. The next level of investigation, the Stage II Site Definition and Evaluation Survey, is required if the potential direct or indirect impacts of the proposed project cannot be reasonably avoided by project modification or when there is insufficient data (extent, depth, significance) about the resource to assess avoidance or preservation alternatives. The Department will determine the need for a Stage II survey based upon an evaluation of the Stage IB survey report in conjunction with planning documentation prepared by the project sponsor in support of the project. A Stage II Survey consists of the following:

i. An assessment of the resource's eligibility to be listed on the New Jersey Register of Historic Places and the National Register of Historic Places by applying the State Register Criteria in accordance with N.J.S.A. 13:1B-15.128 et seq. and the National Register Criteria of Eligibility ( 36 C.F.R. Part 63) to properties identified within the planning area which have not been previously identified for National Register eligibility;

ii. An assessment of the probable impact the proposed project may have on Register-listed resources or resources eligible to be listed on the New Jersey Register of Historic Places or the National Register of Historic Places; and

iii. A proposal for mitigating measures that may be implemented should it be determined that avoidance of a Register-listed resource or a resource eligible to be listed on the New Jersey or National Registers of Historic Places is not feasible.

(g) Where a Stage II survey has been required, and the report approved by the Department, the Department will make one of the following determinations:

1. It is practicable to avoid potential impacts to Register-listed or eligible resources through project modification. In this case, the project sponsor shall be directed to make the appropriate project modifications.

2. It is not practicable to avoid potential impacts to a Register-listed or eligible resource. In this case, the Department will assess the need to obtain a determination of eligibility in accordance with (h) below.

(h) The Department will prepare documentation supporting a determination of eligibility in accordance with N.J.S.A. 13:1B-15.128 et seq. and 36 C.F.R. 800.4.

(i) After the satisfactory completion of the required cultural resource surveys, the Department, after consultation with the appropriate agencies, in accordance with N.J.S.A. 13:1B-15.128 et seq. and 36 C.F.R. Part 800, will issue one of the following determinations of effect:

1. No cultural resources affected: This determination shall be issued when the proposed project will have no direct or indirect effect on cultural resources. No further cultural resources review shall be required.

2. Cultural resources affected: If there will be an effect to cultural resources, the Department shall determine the nature of the effect in accordance with State and Federal laws and regulations. An adverse effect is found when a project may alter, directly or indirectly, the characteristics of a cultural resource that qualify it for listing in the National or New Jersey Registers of Historic Places in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling or association. The Department may propose a finding of No Adverse Effect, if the Criteria of Adverse Effect, at 36 C.F.R. Part 800.5(a)(1), are not met, or the project is modified or conditioned to avoid adverse effects. If an adverse effect is found, the Department shall consult with the State Historic Preservation Officer to resolve the adverse effect pursuant to 36 C.F.R. Part 800.6.

(j) Where it is determined that an alternative to avoid an adverse effect is not feasible, measures to minimize the potential effects shall be developed by the Department in consultation with the appropriate State and Federal agencies, State Historic Preservation Officer and, as required, other interested parties. A mitigation plan outlining these measures shall be included in the Memorandum of Agreement signed by the consulting parties in accordance with the requirements of 36 CFR Part 800. Mitigation shall be commensurate with the nature and the significance of the resource adversely affected by the project.

(k) All reports of cultural resource surveys shall be submitted for review by the Department. All cartographic and document reproduction contained in the report must be clear and legible. Reports must have original photographic plates or high quality offsets. Digital images may be submitted for photographic figures in reports. Whichever type of imagery is used, the quality of the printed images in the report shall be sufficiently clear and comprehensive to illustrate the subject. Survey reports displaying digital images rather than original photographs shall incorporate a sturdy sleeve containing a CD with all of the digital images used in the report. Image files in the CD shall be in .jpg or .tif format and have a minimum resolution of two megapixels (approximately 1600 x 1300 pixels). The CD shall be provided with the draft report. The CD shall be labeled with project/site name, county, municipality, and the names of the form and/or individuals who created the images. If a revised or final report is submitted to the Department, it shall also incorporate a sleeve into which the CD initially provided to the Department can be inserted. Professional procedures and reports shall meet the criteria set forth in the U.S. Department of Interior's "Archeology and Historic Preservation; Secretary of the Interior's Standards and Guidelines" (Federal Register, Vol. 48, No. 190; September 29, 1983), incorporated herein by reference. All reports must contain:

1. A table of contents, list of figures, maps and plates;

2. A concise description of the proposed project, both in terms of its potential for ground disturbance and possible direct, indirect and future effects on cultural resources;

3. A clear discussion of the objectives of the survey, the methodology employed to achieve these objectives and an interpretation of the survey results;

4. A list of all sources and authorities consulted;

5. A map of sufficient scale upon which all identified cultural resources as well as potential project impacts are plotted;

6. A United States Geological Survey 7.5 minute quadrangle map of the planning area upon which cultural resources and areas surveyed are noted;

7. A map of sufficient scale identifying and plotting the locations of all tests and excavation units as well as areas of potential impacts;

8. A bibliography of all publications and manuscripts consulted;

9. An inventory of all artifacts recovered and analyzed according to provenience;

10. Stratigraphic profile information for all test units; and

11. Resumes of the individuals responsible for the survey and the report preparation.

(l) All archaeological materials and records resulting from investigations required by this rule must be curated in accordance with the "Secretary of the Interior's Standards and Guidelines for archeology and Historic Preservation," 48 Fed. Reg. 44,716 (September 29, 1983), incorporated herein by reference.

N.J. Admin. Code § 7:22-10.8