Notice2022-05553
Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Draft Restoration Plan/Environmental Assessment #8: Wetlands, Coastal, and Nearshore Habitats
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Published
March 18, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), and a Consent Decree with BP Exploration & Production Inc. (BP), the Deepwater Horizon (DWH) Federal natural resource trustee agencies for the Louisiana Trustee Implementation Group (Louisiana TIG) have prepared a Draft Restoration Plan/Environmental Assessment #8: Wetlands, Coastal, and Nearshore Habitats (RP/EA #8). The Draft RP/EA #8 describes and proposes restoration project alternatives considered by the Louisiana TIG to partially restore natural resources and ecological services injured or lost as a result of the DWH oil spill. The Louisiana TIG evaluated these alternatives under criteria set forth in the OPA natural resource damage assessment (NRDA) regulations, and evaluated the environmental consequences of the restoration alternatives in accordance with NEPA. The purpose of this notice is to inform the public of the availability of the Draft RP/EA #8 and to seek public comments on the document.
Full Text
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<title>Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)</title>
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[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15385-15387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05553]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB767]
Notice of Availability of the Deepwater Horizon Oil Spill
Louisiana Trustee Implementation Group Draft Restoration Plan/
Environmental Assessment #8: Wetlands, Coastal, and Nearshore Habitats
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the
National Environmental Policy Act (NEPA), and a Consent Decree with BP
Exploration & Production Inc. (BP), the Deepwater Horizon (DWH) Federal
natural resource trustee agencies for the Louisiana Trustee
Implementation Group (Louisiana TIG) have prepared a Draft Restoration
Plan/Environmental Assessment #8: Wetlands, Coastal, and Nearshore
Habitats (RP/EA #8). The Draft RP/EA #8 describes and proposes
restoration project alternatives considered by the Louisiana TIG to
partially restore natural resources and ecological services injured or
lost as a result of the DWH oil spill. The Louisiana TIG evaluated
these alternatives under criteria set forth in the OPA natural resource
damage assessment (NRDA) regulations, and evaluated the environmental
consequences of the restoration alternatives in accordance with NEPA.
The purpose of this notice is to inform the public of the availability
of the Draft RP/EA #8 and to seek public comments on the document.
DATES: The Louisiana TIG will consider public comments received on or
before April 18, 2022.
Virtual Public Meeting: Due to continuing Covid-19 limitations on
gatherings of groups, the Louisiana TIG will conduct a public webinar
to facilitate public review and comment on Tuesday, April 5, 2022 at
12:00 p.m. Central. The public may register for the webinar at: <a href="https://attendee.gotowebinar.com/register/4964211858097860364">https://attendee.gotowebinar.com/register/4964211858097860364</a>. After
registering, participants will receive a confirmation email with
instructions for joining the public webinar. The webinar will include a
presentation of the Draft RP/EA #8 and opportunity for public comment.
The presentation slides will be posted on the web shortly after the
public meeting is completed. Comments will also be taken through
submission online or through U.S. mail (see Submitting Comments below).
ADDRESSES:
Obtaining Documents: You may access the Draft RP/EA #8 from the
``News'' section of the Louisiana TIG website at: <a href="http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana">http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana</a>.
Alternatively, you may request a CD of the Draft RP/EA #8 (see FOR
FURTHER INFORMATION CONTACT below).
Submitting Comments: You may submit comments on the Draft RP/EA #8
by one of the following methods:
<bullet> Via the Web: <a href="http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana">http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana</a>;
<bullet> Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box
29649, Atlanta, GA 30345. Please note that mailed comments must be
postmarked on or before the comment deadline given in DATES; or
<bullet> During the public webinar: Comments may be provided during
the webinar. Webinar information is provided above in DATES.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
FOR FURTHER INFORMATION CONTACT: Mel Landry, NOAA Restoration Center,
310-427-8711, <a href="/cdn-cgi/l/email-protection#1077657c766360797c7c3e627563647f627164797f7e507e7f71713e777f66"><span class="__cf_email__" data-cfemail="c2a5b7aea4b1b2abaeaeecb0a7b1b6adb0a3b6abadac82acada3a3eca5adb4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the mobile offshore drilling unit Deepwater
Horizon, which was being used to drill a well for BP Exploration and
Production, Inc. (BP), in the Macondo
[[Page 15386]]
prospect (Mississippi Canyon 252-MC252), experienced a significant
explosion, fire, and subsequent sinking in the Gulf of Mexico,
resulting in an unprecedented volume of oil and other discharges from
the rig and from the wellhead on the seabed. The DWH oil spill is the
largest off shore oil spill in U.S. history, discharging millions of
barrels of oil over a period of 87 days. In addition, well over one
million gallons of dispersants were applied to the waters of the spill
area in an attempt to disperse the spilled oil. An undetermined amount
of natural gas was also released into the environment as a result of
the spill.
The DWH Federal and State natural resource trustees (DWH Trustees)
conducted the natural resource damage assessment for the DWH oil spill
under OPA (OPA; 33 U.S.C. 2701 et seq.). Pursuant to OPA, Federal and
State agencies act as trustees on behalf of the public to assess
natural resource injuries and losses and to determine the actions
required to compensate the public for those injuries and losses. OPA
further instructs the designated trustees to develop and implement a
plan for the restoration, rehabilitation, replacement, or acquisition
of the equivalent of the injured natural resources under their
trusteeship, including the loss of use and services from those
resources from the time of injury until the time of restoration to
baseline (the resource quality and conditions that would exist if the
spill had not occurred) is complete.
The DWH Trustees are:
<bullet> U.S. Department of the Interior (DOI), as represented by
the National Park Service, U.S. Fish and Wildlife Service, and Bureau
of Land Management;
<bullet> National Oceanic and Atmospheric Administration (NOAA), on
behalf of the U.S. Department of Commerce;
<bullet> U.S. Department of Agriculture (USDA);
<bullet> U.S. Environmental Protection Agency (EPA);
<bullet> State of Louisiana Coastal Protection and Restoration
Authority, Oil Spill Coordinator's Office, Department of Environmental
Quality, Department of Wildlife and Fisheries, and Department of
Natural Resources;
<bullet> State of Mississippi Department of Environmental Quality;
<bullet> State of Alabama Department of Conservation and Natural
Resources and Geological Survey of Alabama;
<bullet> State of Florida Department of Environmental Protection
and Fish and Wildlife Conservation Commission; and
<bullet> State of Texas: Texas Parks and Wildlife Department, Texas
General Land Office, and Texas Commission on Environmental Quality.
The Trustees reached and finalized a settlement of their natural
resource damage claims with BP in an April 4, 2016, Consent Decree
approved by the United States District Court for the Eastern District
of Louisiana. Pursuant to that Consent Decree, restoration projects in
the Louisiana Restoration Area are now selected and implemented by the
Louisiana TIG. The Louisiana TIG is composed of the following Federal
Trustees: NOAA; DOI; EPA; and USDA.
Background
The Draft RP/EA #8 is being released in accordance with OPA NRDA
regulations at 15 CFR part 990, NEPA (42 U.S.C. 4321 et seq.), the
Consent Decree, and the Final Programmatic Damage Assessment
Restoration Plan/Programmatic Environmental Impact Statement (PDARP/
PEIS), which provided for an overall goal of ``Restore and Conserve
Habitat.'' This restoration planning activity is proceeding in
accordance with the PDARP/PEIS, which provided for various types of
restoration, including restoration of wetlands, coastal, and nearshore
habitat. Information on the Restoration Type being considered in the
Draft RP/EA #8, as well as the OPA criteria against which project ideas
are being evaluated, can be viewed in the PDARP/PEIS (<a href="http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan">http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan</a>) and
in the Overview of the PDARP/PEIS (<a href="http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan">http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan</a>).
Overview of the Louisiana TIG Draft RP/EA #8
For the Draft RP/EA #8, the Louisiana TIG assembled a list of 697
project alternatives for the restoration of wetlands, coastal, and
nearshore habitat. These alternatives were based on proposals from the
public as well as agencies, including projects submitted to the DWH
Trustee or Louisiana TIG portals and projects submitted by individual
state and Federal Trustees, including projects submitted on behalf of
non-Trustee agencies. All alternatives underwent a step-wise screening
process based on criteria established by OPA and the Louisiana TIG,
whereby projects that did not meet the criteria were eliminated, and
duplicative alternatives were combined. This resulted in six action
alternatives for wetlands, coastal, and nearshore habitats, each of
which are evaluated in the Draft RP/EA #8. Alternatives that meet the
criteria but are not carried forward as preferred alternatives may be
considered in future restoration plans.
Of the six alternatives evaluated, four are proposed as preferred
alternatives for the restoration of wetlands, coastal, and nearshore
habitats. Three of the alternatives evaluated consider projects for
Engineering and Design (E&D), and three of the alternatives evaluated
consider projects for full implementation. The alternatives analyzed
include the following:
<bullet> Bayou Pointe-aux-Chenes Ridge Restoration and Marsh
Creation (E&D)--Non-preferred, $4,736,900.
<bullet> New Orleans East Landbridge Restoration (E&D): Preferred,
$4,000,000.
<bullet> Raccoon Island Barrier Island Restoration (E&D):
Preferred, $8,200,000.
<bullet> Bayou Dularge Ridge and Marsh Restoration: Preferred,
$41,400,000.
<bullet> Bayou La Loutre Ridge Restoration and Marsh Creation
Project (PO-0178): Preferred, $21,200,000.
<bullet> Lake Lery Marsh Creation and Rim Restoration, Increment 3:
Non-preferred, $19,420,000.
The Draft RP/EA #8 also evaluates a No Action Alternative, under
which no project would be constructed and no additional costs would be
incurred at this time.
The Louisiana TIG has examined the injuries assessed by the DWH
Trustees and evaluated restoration alternatives to address the
injuries. In Draft RP/EA #8, the Louisiana TIG presents to the public
its draft plan for providing partial compensation to the public for
injured natural resources and ecological services in the Louisiana
Restoration Area. The proposed action is intended to continue the
process of using DWH restoration funding to restore natural resources
injured or lost as a result of the DWH oil spill. Additional
restoration planning for the Louisiana Restoration Area will continue.
Next Steps
The public is encouraged to review and comment on the Draft RP/EA
#8. A public webinar to facilitate the public review and comment
process is scheduled for Tuesday, April 5 at 12:00 p.m. Central. After
the public comment period ends, the Louisiana TIG will consider and
address comments received before issuing a Final RP/EA #8. A summary of
comments received and the Louisiana TIG's responses and any revisions
to the document, as appropriate, will be included in the final
document.
[[Page 15387]]
Additional Access to Materials
You may request a CD of the Draft RP/EA #8 (see FOR FURTHER
INFORMATION CONTACT above). Copies of the Draft RP/EA #8 are also
available during the public comment period at the following locations:
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Library Address City Zip code
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St. Tammany Parish Library............. 310 W. 21st Avenue............ Covington................ 70433
New Orleans Public Library, Louisiana 219 Loyola Avenue............. New Orleans.............. 70112
Division.
St. Bernard Parish Library............. 1125 E. St. Bernard Highway... Chalmette................ 70043
Plaquemines Parish Library............. 8442 Highway 23............... Belle Chasse............. 70037
Jefferson Parish Library, East Bank 4747 W. Napoleon Avenue....... Metairie................. 70001
Regional Library.
Jefferson Parish Library, West Bank 2751 Manhattan Boulevard...... Harvey................... 70058
Regional Library.
Terrebonne Parish Library.............. 151 Library Drive............. Houma.................... 70360
Martha Sowell Utley Memorial Library... 314 St. Mary Street........... Thibodaux................ 70301
South Lafourche Public Library......... 16241 E. Main Street.......... Cut Off.................. 70345
East Baton Rouge Parish Library........ 7711 Goodwood Boulevard....... Baton Rouge.............. 70806
Alex P. Allain Library................. 206 Iberia Street............. Franklin................. 70538
St. Martin Parish Library.............. 201 Porter Street............. St. Martinville.......... 70582
Iberia Parish Library.................. 445 E. Main Street............ New Iberia............... 70560
Vermilion Parish Library............... 405 E. St. Victor Street...... Abbeville................ 70510
Mark Shirley, LSU AgCenter............. 1105 West Port Street......... Abbeville................ 70510
Calcasieu Parish Public Library Central 301 W. Claude Street.......... Lake Charles............. 70605
Branch.
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Translation Opportunities
Vietnamese translated materials including the Executing Summary and
project fact sheets are posted in the ``News'' section of the Louisiana
TIG's website: <a href="http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana">http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana</a>.
Administrative Record
The documents comprising the Administrative Record for the Draft
RP/EA #8 can be viewed electronically at <a href="http://www.doi.gov/deepwaterhorizon/adminrecord">http://www.doi.gov/deepwaterhorizon/adminrecord</a>.
Authority
The authority of this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.) and its implementing Oil Pollution Act Natural
Resource Damage Assessment regulations found at 15 CFR part 990 and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Dated: March 11, 2022.
Carrie Diane Robinson,
Director, Office of Habitat Conservation, National Marine Fisheries
Service.
[FR Doc. 2022-05553 Filed 3-17-22; 8:45 am]
BILLING CODE 3510-22-P
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