Notice2026-19665
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response Compensation and Liability Act
Primary source
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Published
September 25, 2026
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 91 Issue 185 (Friday, September 25, 2026)</title>
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[Federal Register Volume 91, Number 185 (Friday, September 25, 2026)]
[Notices]
[Page 60982]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19665]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response Compensation and Liability Act
On September 16, 2026, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Eastern
District of North Carolina in the lawsuit entitled United States of
America and the State of North Carolina v. Domtar Paper Company, LLC,
Civil Action No. 4:26-cv-00172.
The lawsuit was initiated by a complaint filed by the United States
and the State of North Carolina (the ``Trustees'') in their capacity as
the legally designated trustees for natural resources in North
Carolina. The complaint alleged, inter alia, that the Defendant was
liable for damages for injury to, destruction of, or loss of natural
resources resulting from the release of hazardous substances at and
from the Plymouth Mill Superfund Site (the ``Site'') near the Town of
Plymouth, North Carolina, pursuant to the federal Comprehensive
Environmental Response, Compensation and Liability Act of 1980.
The Consent Decree resolves the claims of the Trustees against the
Defendant for a total payment of $1,905,000. Of this amount, $1,750,000
will be paid into the United States' Damage Assessment and Restoration
Revolving Fund (``DARR Fund'') managed by the U.S. Department of
Commerce, through the National Oceanic Atmospheric Administration, to
fund future projects to restore injured natural resources near the
Site. The remaining $155,000 will be paid to the U.S. Department of the
Interior Natural Resource Damages Assessment and Restoration Fund to be
used to fund the Trustees' administrative costs to plan, oversee, and
monitor restoration. In addition, the Defendant will record a
conservation agreement on property adjoining the Roanoke River to
preserve bottomland forest on the property to benefit water quality and
fish nursery habitat, and complete several restoration projects to
benefit fish in the Roanoke River such as reduced cooling water intake
withdrawals and lighting improvements and improvements for the Town of
Plymouth Waterfront Park. In return for these payments and restoration
activities, the United States and the State will confer on the
Defendant covenants not to sue for natural resource damages known as of
the date of lodging of the Consent Decree.
In accordance with CERCLA and the National Environmental Policy
Act, the Trustees have also written a Draft Restoration Plan and
Environmental Assessment (Draft RP/EA) that described proposed
alternatives for restoring the natural resources and natural resource
services injured by the release of hazardous substances from the Site.
The restoration alternatives evaluated in the Draft RP/EA are (1) No
Action/Natural Recovery; (2) Additional Modifications to the Domtar
Plymouth Mill Cooling Water Intake System and Seasonal Outages; (3)
Lighting Modifications at the Plymouth Facility; (4) Waterfront Park
Improvements; (5) Warren Neck Conservation; (6) Floodplain
Reconnection, Wetland Protection, and Fish Passage Improvements; and
(7) Mush Island Perpetual Conservation Easement..
The publication of this notice opens a period for public comment on
the proposed Consent Decree and the Draft RP/EA.
Comments on the proposed Consent Decree should be addressed to the
Principal Deputy Assistant Attorney General, Energy and Natural
Resources Division, and should refer to United States of America and
the State of North Carolina v. Domtar Paper Company, LLC, D.J. Ref. No.
90-11-3-07838/4. All comments must be submitted no later than thirty
(30) days after the publication date of this notice. Comments may be
submitted either by email or by mail:
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To submit comments: Send them to:
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By email............................ <a href="/cdn-cgi/l/email-protection#bfcfcadddcd0d2d2dad1cb92dadacc91dad1cddbffcaccdbd0d591d8d0c9"><span class="__cf_email__" data-cfemail="64141106070b0909010a10490101174a010a1600241117000b0e4a030b12">[email protected]</span></a>.
By mail............................. Principal Deputy Assistant
Attorney General, U.S. DOJ--ENRD,
P.O. Box 7611, Washington, DC
20044-7611.
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During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. If you require assistance
accessing the proposed Consent Decree, you may request assistance by
email or by mail to the addresses provided above for submitting
comments.
Comments on the Draft RP/EA may be submitted to the Trustees either
by email or by mail:
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To submit comments: Send them to:
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By email............................ <a href="/cdn-cgi/l/email-protection#763e19011704125825151e181714191a1d361819171758111900"><span class="__cf_email__" data-cfemail="0a42657d6b786e24596962646b686566614a64656b6b246d657c">[email protected]</span></a>.
By mail............................. NOAA, 2234 South Hobson Avenue,
Charleston, SC 29405, Attn: Draft
Restoration Plan/Environmental
Assessment Weyerhaeuser Co.
Plymouth Mill NRDAR.
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All comments must be submitted no later than thirty (30) days after
the publication date of this notice. If emailing, please include
``Draft RP/EA Weyerhaeuser Co. Plymouth Mill NRDAR'' in the subject
line. During the public comment period, a copy of the Draft RP/EA will
be available electronically at: <a href="http://darrp.noaa.gov/hazardous-waste/trustees-seek-public-comment-plan-restore-lower-roanoke-river-resources">http://darrp.noaa.gov/hazardous-waste/trustees-seek-public-comment-plan-restore-lower-roanoke-river-resources</a>.
Scott D. Bauer,
Assistant Section Chief, Environmental Enforcement Section, Energy and
Natural Resources Division.
[FR Doc. 2026-19665 Filed 9-24-26; 8:45 am]
BILLING CODE 4410-15-P
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