DTTA September Update

Last month’s North Jersey Transportation Authority (NJTPA) open comment period on the new Transportation Improvement Plan (TIP) resulted in numerous comments from individuals and groups expressing a variety of concerns about the RT 29 project.  Many asked for the project to be restarted at the “concept development phase” and dramatically scaled back.

On the negative side:

NJTPA did not order a project restart but basically deferred to NJDOT to respond to the numerous and varied complaints.  

NJDOT responded with a blanket statement saying, among other superfluous things, that, it doesn’t matter that there are no reports of accidents or injuries from rockfalls on route 29, the Kingwood stretch has bad “Rockfall Hazard Ratings Scores” and needs to be fixed. Their goal seems to be to prevent any rocks from ever falling on RT 29.

There was no mention of those Rockfall Rating Scores being somewhat subjectively compiled in 1994 by a contractor receiving funding from several aspects of the project and not updated to date or repeated by a neutral party. 

On the positive side:

NJTPA in the new TIP pushes the construction start date back three years to 2025 from 2022.  When asked why, an NJTPA spokesman said it was to meet  NEPA standards. 

That suggests NJDOT won’t be able to get away with proceeding based on a  “categorical exclusion” from many NEPA standards and they are regrouping around environmental assessment and  project plans.  We believe these changes are the result of growing public awareness and opposition to the project.

Comments from FWHA

The Federal Highway  Administration  (FHWA) sent the following  to  us in  response to questions submitted through  Representative Fitzpatrick‘s office.  (edited to include only substantive comments) .

The New Jersey Department of Transportation (NJDOT) initiated the Rt. 29 rockfall mitigation project and is responsible for the project development in compliance with the Federal law, regulations, and requirements. As long as the compliance is met, the work may proceed.

The project is currently in the Preliminary Engineering phase of a project development process, including the ongoing NEPA process. The essence of NEPA is process law, and the Council of Environmental Quality’s (CEQ) implementation regulations (40 CFR Parts 1500-1508), in conjunction with the FHWA’s implementation regulations (23 CFR Part 771) and policies, provide the framework of procedural requirements for project initiation, planning, and development, to render informed decision-making.

To that end, NJDOT is in the process of performing Public Outreach efforts to obtain input from key stakeholders as part of the NEPA process. This includes coordination with the National Parks Service, NJDEP, and tribal nations to refine strategies to fit the context of the area and preserve the unique historic significance of the Devil’s Tea Table. Public involvement has also included local officials and other interested parties’ meetings. These efforts are ongoing and additional engagement with all stakeholders is planned to include Public Information Centers, Design Charettes, and Working Groups to help gain stakeholder input for the project and foster open and transparent communication.

Thank you,

Alina Zaidi

Congressional Affairs Team

Federal Highway Administration

We forwarded this to NJDOT and asked about the status of the public outreach efforts and received the following:  Seems things may be going back wards at NJDOT.

Hi Stephen-

Unfortunately, I do not have any additional information to provide at this time. We are in the very early stage of the process.  Meaning we are still conducting internal meetings to determine how best to proceed.  We are however, aware that The Devil’s Tea Table Alliance as well as other stakeholders would like to actively participate in our outreach efforts. As we move closer to these activities, your organization as well as others will be made aware.

Sincerely,

Meredith Hammond

NJDOT

Regional Area Coordinator

Office of Community and Constituent Relations

609. 963.1982

DTTA will continue to advocate with elected officials, other groups and agencies, and local municipalities to achieve a rational approach to these rockfall mitigation projects.

Stephen Freeman 

The Devil’s Tea Table Alliance  

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Last month’s North Jersey Transportation Authority (NJTPA) open comment period on the new Transportation Improvement Plan (TIP) resulted in numerous comments from individuals and groups expressing a variety of concerns about the RT 29 project.  Many asked for the project to be restarted at the “concept development phase” and dramatically scaled back.

On the negative side:

NJTPA did not order a project restart but basically deferred to NJDOT to respond to the numerous and varied complaints.  

NJDOT responded with a blanket statement saying, among other superfluous things, that, it doesn’t matter that there are no reports of accidents or injuries from rockfalls on route 29, the Kingwood stretch has bad “Rockfall Hazard Ratings Scores” and needs to be fixed. Their goal seems to be to prevent any rocks from ever falling on RT 29.

There was no mention of those Rockfall Rating Scores being somewhat subjectively compiled in 1994 by a contractor receiving funding from several aspects of the project and not updated to date or repeated by a neutral party. 

On the positive side:

NJTPA in the new TIP pushes the construction start date back three years to 2025 from 2022.  When asked why, an NJTPA spokesman said it was to meet  NEPA standards. 

That suggests NJDOT won’t be able to get away with proceeding based on a  “categorical exclusion” from many NEPA standards and they are regrouping around environmental assessment and  project plans.  We believe these changes are the result of growing public awareness and opposition to the project.

Comments from FWHA

The Federal Highway  Administration  (FHWA) sent the following  to  us in  response to questions submitted through  Representative Fitzpatrick‘s office.  (edited to include only substantive comments) .

The New Jersey Department of Transportation (NJDOT) initiated the Rt. 29 rockfall mitigation project and is responsible for the project development in compliance with the Federal law, regulations, and requirements. As long as the compliance is met, the work may proceed.

The project is currently in the Preliminary Engineering phase of a project development process, including the ongoing NEPA process. The essence of NEPA is process law, and the Council of Environmental Quality’s (CEQ) implementation regulations (40 CFR Parts 1500-1508), in conjunction with the FHWA’s implementation regulations (23 CFR Part 771) and policies, provide the framework of procedural requirements for project initiation, planning, and development, to render informed decision-making.

To that end, NJDOT is in the process of performing Public Outreach efforts to obtain input from key stakeholders as part of the NEPA process. This includes coordination with the National Parks Service, NJDEP, and tribal nations to refine strategies to fit the context of the area and preserve the unique historic significance of the Devil’s Tea Table. Public involvement has also included local officials and other interested parties’ meetings. These efforts are ongoing and additional engagement with all stakeholders is planned to include Public Information Centers, Design Charettes, and Working Groups to help gain stakeholder input for the project and foster open and transparent communication.

Thank you,

Alina Zaidi

Congressional Affairs Team

Federal Highway Administration

We forwarded this to NJDOT and asked about the status of the public outreach efforts and received the following:  Seems things may be going back wards at NJDOT.

Hi Stephen-

Unfortunately, I do not have any additional information to provide at this time. We are in the very early stage of the process.  Meaning we are still conducting internal meetings to determine how best to proceed.  We are however, aware that The Devil’s Tea Table Alliance as well as other stakeholders would like to actively participate in our outreach efforts. As we move closer to these activities, your organization as well as others will be made aware.

Sincerely,

Meredith Hammond

NJDOT

Regional Area Coordinator

Office of Community and Constituent Relations

609. 963.1982

DTTA will continue to advocate with elected officials, other groups and agencies, and local municipalities to achieve a rational approach to these rockfall mitigation projects.

Stephen Freeman 

The Devil’s Tea Table Alliance  

Follow us on Facebook

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