Notice2023-02521
Notice of Availability of a Record of Decision for the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Final Phase II Restoration Plan: #3.2 Mid-Barataria Sediment Diversion
Primary source
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Published
February 7, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS), Record of Decision and Consent Decree, notice is hereby given that the Federal and State natural resource trustee agencies for the Louisiana Trustee Implementation Group (Louisiana TIG) have issued a Record of Decision (ROD) for the Louisiana Trustee Implementation Group Final Phase II Restoration Plan #3.2: Mid-Barataria Sediment Diversion Project (Final Phase II RP #3.2) and accompanying NEPA analysis, as adopted, in the Final Environmental Impact Statement for the Proposed Mid Barataria Sediment Diversion Project, Plaquemines Parish (MBSD FEIS). The ROD sets forth the basis for the Louisiana TIG's OPA Natural Resources Damage Assessment (NRDA) decision to fund and implement the 75,000 cubic feet per second (cfs) capacity Mid-Barataria Sediment Diversion Project. This restoration will continue the process of restoring natural resources and services injured or lost resulting from the Deepwater Horizon (DWH) oil spill of 2010. The purpose of this notice is to inform the public of the availability of the Louisiana TIG's ROD for its combined OPA NRDA and NEPA decision.
Full Text
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<title>Federal Register, Volume 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Notices]
[Pages 7951-7953]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02521]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC701]
Notice of Availability of a Record of Decision for the Deepwater
Horizon Oil Spill Louisiana Trustee Implementation Group Final Phase II
Restoration Plan: #3.2 Mid-Barataria Sediment Diversion
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA); record of decision (ROD).
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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA) and the
National Environmental Policy Act of 1969 (NEPA), the Deepwater Horizon
Oil Spill Final Programmatic Damage Assessment Restoration Plan and
Final Programmatic Environmental Impact Statement (Final PDARP/PEIS),
Record of Decision and Consent Decree, notice is hereby given that the
Federal and State natural resource trustee agencies for the Louisiana
Trustee Implementation Group (Louisiana TIG) have issued a Record of
Decision (ROD) for the Louisiana Trustee Implementation Group Final
Phase II Restoration Plan #3.2: Mid-Barataria Sediment Diversion
Project (Final Phase
[[Page 7952]]
II RP #3.2) and accompanying NEPA analysis, as adopted, in the Final
Environmental Impact Statement for the Proposed Mid Barataria Sediment
Diversion Project, Plaquemines Parish (MBSD FEIS). The ROD sets forth
the basis for the Louisiana TIG's OPA Natural Resources Damage
Assessment (NRDA) decision to fund and implement the 75,000 cubic feet
per second (cfs) capacity Mid-Barataria Sediment Diversion Project.
This restoration will continue the process of restoring natural
resources and services injured or lost resulting from the Deepwater
Horizon (DWH) oil spill of 2010. The purpose of this notice is to
inform the public of the availability of the Louisiana TIG's ROD for
its combined OPA NRDA and NEPA decision.
ADDRESSES: Obtaining documents: You may download the ROD at <a href="http://www.gulfspillrestoration.noaa.gov">http://www.gulfspillrestoration.noaa.gov</a>. Alternatively, you may request a
copy of the combined OPA NRDA and NEPA ROD.
FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric
Administration--Mel Landry, NOAA Restoration Center, (301) 427-8711,
<a href="/cdn-cgi/l/email-protection#a4c3d1c8c2d7d4cdc8c88ad6c1d7d0cbd6c5d0cdcbcae4cacbc5c58ac3cbd2"><span class="__cf_email__" data-cfemail="d4b3a1b8b2a7a4bdb8b8faa6b1a7a0bba6b5a0bdbbba94babbb5b5fab3bba2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
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 (CPRA), Oil Spill Coordinator's Office (LOSCO), Department of
Environmental Quality (LDEQ), Department of Wildlife and Fisheries
(LDWF), and Department of Natural Resources (LDNR).
Building on the PDARP/PEIS, the Louisiana TIG began evaluating
restoration strategies that could restore for injuries to natural
resources in the Barataria Basin, which resulted in the Strategic
Restoration Plan and Environmental Assessment #3: Restoration of
Wetlands, Coastal, and Nearshore Habitats in the Barataria Basin,
Louisiana (SRP/EA #3). In the SRP/EA #3, the Louisiana TIG ultimately
determined that a combination of ``marsh creation and ridge restoration
plus a large-scale sediment diversion would provide the greatest level
of benefits to injured Wetlands, Coastal, and Nearshore Habitats and to
the large suite of injured resources that depend in their life cycle on
productive and sustainable wetland habitats'' (LA TIG, 2018, page 3-32)
in the basin and in the broader northern Gulf of Mexico. In the SRP/EA
#3, the Louisiana TIG also selected a Mid-Barataria sediment diversion
(MBSD) as the specific sediment diversion project to move forward for
further analysis.
Since finalizing the SRP/EA #3, the Louisiana TIG evaluated a
variety of potential alternatives for a large-scale sediment diversion
in the Barataria Basin. The Final Phase II RP #3.2, along with the MBSD
FEIS released simultaneously by the U.S. Army Corps of Engineers, New
Orleans District (USACE CEMVN) and adopted by the Federal agencies of
the Louisiana TIG, set forth the results of that evaluation.
Overview of the Selected Alternative 1, Mid-Barataria Sediment
Diversion Project
In the Final Phase II RP #3.2, the Louisiana TIG selected its
preferred alternative (Alternative 1, MBSD Project) under the DWH
Louisiana Restoration Area Wetlands, Coastal and Nearshore Habitats
restoration type. The selected alternative consists of a controlled
sediment and freshwater intake diversion structure in Plaquemines
Parish on the right descending bank of the Mississippi River at River
Mile (RM) 60.7 just north of the Town of Ironton. The outfall area for
sediment, freshwater, and nutrients conveyed from the river is located
within the Mid-Barataria Basin. The area of the MBSD Project includes
the hydrologic boundaries of the Barataria Basin and the lower
Mississippi River Delta Basin, also known as the birdfoot delta. The
Mississippi River itself, beginning near RM 60.7 and extending to the
mouth of the river, is also included in the MBSD Project area. The
diversion will have a maximum diversion flow of 75,000 cfs, which would
occur when the Mississippi River gauge at Belle Chase reaches 1,000,000
cfs or higher. The diversion will operate at up to 5,000 cfs (base
flow) when the river is below 450,000 cfs at Belle Chase; at river
flows above 450,000 cfs, the diversion will be opened fully. At the
downstream end of the diversion channel, an engineered ``outfall
transition feature'' will be constructed to guide and disperse the
channel flow into the Barataria Basin. The diversion is projected to
increase land area, including emergent wetlands and mudflats, in the
Barataria Basin across the 50-year analysis period relative to natural
recovery, with a maximum increase of 17,300 acres (approximately 7000
hectares) in 2050, at the approximate mid-point of the 50-year analysis
period.
The cost of the selected Alternative 1, MBSD Project at the time of
the Draft Phase II RP #3.2 was anticipated to be approximately $2
billion. Since the publication of the Draft Phase II RP #3.2,
substantial increases in the general inflation rate as well as
corresponding increases to most cost components of the MBSD Project,
including but not limited to construction materials, construction
activities, and wages, have occurred. CPRA has experienced an average
25 percent increase in costs on its recent restoration projects. CPRA
will not know the amount of the cost increase for the MBSD Project
until it completes negotiations for a Guaranteed Maximum Price for
project construction with the Construction Management at Risk
contractor. In light of this uncertainty as to total project costs, the
Louisiana TIG intends to limit its contribution to the overall project
costs to $2,260,000,000. This will help ensure that DWH settlement
funding would be available to construct all projects currently under
consideration as well as for future large-scale wetlands, coastal, and
nearshore habitat restoration projects not yet proposed. The cap will
also ensure that planned DWH payments to the Louisiana TIG will be
sufficient to cover project costs as it continues to be designed and
implemented. To ensure the Monitoring and Adaptive Management (MAM) and
Mitigation and Stewardship Plans are fully funded, the Louisiana TIG's
contribution will cover the majority of MAM associated costs (a NRDA
investment of up to $124,000,000, including contingency funding) and
the Mitigation and Stewardship costs (currently estimated at
$378,000,000, including contingency funding). A portion of the
engineering and design costs has been paid by the National Fish and
Wildlife Federation's Gulf Environmental Benefit Fund. The remaining
Louisiana TIG contribution will be applied toward other project cost
categories. CPRA has committed to providing funding for all costs that
exceed the Louisiana TIG's funding cap of $2,260,000,000.
The Louisiana TIG fully evaluated a smaller-capacity diversion with
a maximum capacity of 50,000 cfs (Alternative 2). The Trustees found
that such a diversion would provide substantially less benefit in marsh
preservation and restoration, with only
[[Page 7953]]
a small reduction in adverse impacts and a slight cost reduction.
The Louisiana TIG also fully evaluated a larger-capacity diversion
with a maximum capacity of 150,000 cfs (Alternative 3). While the marsh
creation benefits of such a large diversion would be significantly
greater, the collateral injuries would also increase to levels
unacceptable to the Trustees.
Three other alternatives (Alternatives 4-6) would divert the same
flow (cfs) capacities as described above for Alternatives 1-3 and would
include marsh terrace outfall features. While providing some benefits,
the outfall feature alternatives do not substantially change the extent
to which the corresponding alternatives with similar capacities and
without terraces meet the Louisiana TIG's goals and objectives for the
project.
The Louisiana TIG is committed to continuing efforts to restore the
resources that would be adversely affected by the selected MBSD
Project, many of which were also injured by the DWH oil spill. The
selected MBSD Project includes a MAM Plan and a Mitigation and
Stewardship Plan. The Project also includes a Dolphin Intervention
Plan, which was developed in response to anticipated impacts and public
comments. These plans serve as an integral part of the proposed
restoration action. The MAM Plan includes (1) methods for specific
types of monitoring, (2) key performance measures/indicators for
assessing the success of the Proposed MBSD Project in meeting its
objectives, and (3) decision criteria and processes for modifying
(``adapting'') current or future management actions. The Mitigation and
Stewardship Plan includes actions to help to address collateral impacts
of construction and operation of the Proposed MBSD Project. The Dolphin
Intervention Plan outlines a spectrum of potential response actions for
dolphins affected by the operation of the Proposed MBSD Project,
ranging from recovery/relocation to no intervention to euthanasia. As
part of the Project, CPRA would have responsibility for ensuring
implementation of the measures outlined in each of these Plans.
While the Louisiana TIG rejected the No-Action-Alternative for this
Final Phase II RP #3.2, the OPA analysis integrated information about
the MBSD FEIS No-Action Alternative (40 CFR 1502.14(c)) because it
provided a baseline against which the benefits and collateral injuries
of the selected MBSD Project and its alternatives were compared.
The Louisiana TIG solicited public comment on the Draft RP for a
total of 90 days between March 5, 2021 and June 3, 2021 (86 FR 12915,
March 5, 2021). The Louisiana TIG held three public meetings to
facilitate public understanding of the document and provide opportunity
for public comment. The Louisiana TIG actively solicited public input
through a variety of mechanisms, including convening virtual public
meetings, distributing electronic communications, and using the
Trustee-wide public website and database to share information and
receive public input. The Louisiana TIG considered the public comments
received, which informed the Louisiana TIG's analysis of alternatives
in the Final RP. The Final Phase II RP #3.2 includes a summary of the
comments received and responses to those comments. A Notice of
Availability of the Final Phase II RP #3.2 was published in the Federal
Register on September 23, 2022 (87 FR 58067).
Trustees typically choose to combine a restoration plan and the
required NEPA analysis into a single document (33 CFR 990.23(a),
(c)(1)). In this case, the Final Phase II RP #3.2 does not include
integrated NEPA analysis. This is because prior to evaluation of the
Proposed MBSD Project by the Louisiana TIG as a restoration project
under OPA, the USACE CEMVN initiated scoping for the MBSD Project EIS
based on a permit application for the Project by CPRA. To increase
efficiency, reduce redundancy, and be consistent with Federal policy
and 40 CFR 1506.3, the four Federal Trustees in the Louisiana TIG
decided to participate as cooperating agencies in the development of a
single MBSD FEIS. As the lead agency, the USACE CEMVN has primary
responsibility for preparing the MBSD FEIS (40 CFR 1501.5(a)). The
Louisiana TIG has relied on the MBSD FEIS to evaluate potential
environmental effects of the MBSD Project and its alternatives
evaluated in the Final Phase II RP #3.2.
Based on review of the analysis and in accordance with 40 CFR
1506.3 (1978), each of the Federal trustees of the Louisiana TIG
adopted the MBSD FEIS to satisfy its independent NEPA requirements
related to its decision to fund and implement the selected MBSD Project
pursuant to OPA 15 CFR 990 et seq. Furthermore, based on our
determination of the sufficiency of the USACE's Final MBSD EIS, the
Federal agencies of the Louisiana TIG determined that it was
appropriate to adopt the Final MBSD EIS without the need for
recirculation in accordance with 40 CFR 1506.3 (1978).
Administrative Record
The documents included in the Administrative Record can be viewed
electronically at the following location: <a href="http://www.doi.gov/deepwaterhorizon/adminrecord">http://www.doi.gov/deepwaterhorizon/adminrecord</a>.
The DWH Trustees opened a publicly available Administrative Record
for the NRDA for the Deepwater Horizon oil spill, including restoration
planning activities, concurrently with publication of the 2011 Notice
of Intent to Begin Restoration Scoping and Prepare a Gulf Spill
Restoration Planning PEIS (pursuant to 15 CFR 990.45). The
Administrative Record includes the relevant administrative records
since its date of inception. This Administrative Record is actively
maintained and available for public review and includes the
administrative record for the RP #3.2.
Authority
The authority of this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), the implementing NRDA regulations found at 15 CFR
part 990, and NEPA (42 U.S.C. 4321 et seq.).
Dated: February 1, 2023.
Carrie Diane Robinson,
Director, Office of Habitat Conservation, National Marine Fisheries
Service.
[FR Doc. 2023-02521 Filed 2-6-23; 8:45 am]
BILLING CODE 3510-12-P
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