Projects NH-00MS(6), Fulton/Cobb Counties: Proposed Removal and partial replacement of sign structures.

The subject project proposes to replace cantilever sign structures that have four anchor bolts and that are not on the interstate system. The proposed project would replace one sign structure on SR 5 in Cobb County on the westbound approach to the US 41 exit. Also included are seven locations of sign removal with five replacement locations on SR 400, north of 1-285 up to Haynes Bridge Road in Fulton County. All construction work would occur within existing right-of-way. In order to assure compliance with applicable environmental laws, these projects were evaluated to determine whether or not compliance with Section 106 of the National Historic Preservation Act of 1966 was appropriate based on the scope of the projects and the requirements of the law. As specified by the law, "the head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or Federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under sections 4701 to 470v of this title a reasonable opportunity to comment with regard to such undertaking." As further defined by the law, an undertaking is defined as "any project, activity, or program that can result in changes in the character or use of historic properties, if any such historic properties are located in the area of potential effect. The project, activity, or program must be under the direct or indirect jurisdiction of a Federal agency or licensed or assisted by a Federal agency." Based on the above definition of an undertaking, it is the opinion of this office that the scope of work under Project NH-OOMS(6), Cobb/Fulton Counties, does not constitute an undertaking because the project will not result in changes in the character or use of historic resources, if any such historic resources are located in the area of potential environmental effect. As stated previously, the project proposes to replace cantilever sign structures that have four anchor bolts and that are not on the interstate system. The proposed project would replace one sign structure on SR 5 in Cobb County on the westbound approach to the US 41 exit. Also included are seven locations of sign removal with five replacement locations on SR 400, north of 1-285 up to Haynes Bridge Road in Fulton County. The replacement of the cantilever (Type 2) sign structures would not necessitate significant ground disturbing processes in order to complete the proposed project. All construction work would occur within existing right-of-way. Furthermore, since no ground disturbing activity will be necessary for the proposed project's completion, project implementation would not create additional changes to any potentially eligible National Register historic resources that may be located within the proposed projects' area of potential environmental effect. Therefore, compliance with Section 106 is not required for Project NH-OOMS(6), Cobb/Fulton Counties.