[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Pages 16081-16083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05740]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XV178]
Notice of Availability of the Deepwater Horizon Oil Spill
Louisiana Trustee Implementation Group Draft Phase II Restoration Plan
and Environmental Assessment #3.3: Large-Scale Barataria Marsh
Creation: Upper Barataria Component
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of 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),\1\ the Deepwater Horizon Federal
natural resource trustee agencies for the Louisiana Trustee
Implementation Group (Louisiana TIG) have prepared a Draft Phase II
Restoration Plan 3.3 and Environmental Assessment (Draft RP/EA #3.3).
The Draft RP/EA #3.3 describes and proposes restoration project
alternatives considered by the Louisiana TIG to restore natural
resources and ecological services injured or lost as a result of the
Deepwater Horizon oil spill. The Louisiana TIG evaluated these
alternatives under criteria set forth in the OPA natural resource
damage assessment regulations, and also 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 #3.3 and to seek public comments on the document.
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\1\ Consent Decree among Defendant BP Exploration & Production
Inc. (``BPXP''), the United States of America, and the States of
Alabama, Florida, Louisiana, Mississippi, and Texas entered in In
re: Oil Spill by the Oil Rig ``Deepwater Horizon'' in the Gulf of
Mexico, on April 20, 2010, MDL No. 2179 in the United States
District Court for the Eastern District of Louisiana.
DATES: The Louisiana TIG will consider public comments received on or
before April 20, 2020.
Public Webinar: The Louisiana TIG will conduct a public webinar on
April 2, 2020 at 4:00 Central. The public may register for the webinar
at https://attendee.gotowebinar.com/register/851376447936188428. After
registering, participants will receive a confirmation email with
instructions for joining the webinar. The webinar will include a
presentation of the Draft RP/EA #3.3 and opportunity for public
comment. The presentation slides will be posted on the web shortly
after the webinar is completed. Comments will also be taken through
submission online or through U.S. mail (see Submitting Comments below).
ADDRESSES: Obtaining Documents: You may download the Draft RP/EA #3.3
at: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana. Alternatively, you may request a CD of the Draft RP/EA #3.3
(see FOR FURTHER INFORMATION CONTACT below). Also, you may view the
document at any of the public facilities listed in Appendix A of the
Draft RP/EA #3.3.
Submitting Comments: You may submit comments on the Draft RP/EA
#3.3 by one of the following methods:
Via the Web: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana;
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 of 30 days following
publication of this notice to be considered; or
During the public webinar: Comments may be provided in
writing online 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: National Oceanic and Atmospheric
Administration--Mel Landry, NOAA Restoration Center, 225-425-0583,
[email protected].
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 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 Deepwater Horizon 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 Deepwater Horizon Federal and State natural resource trustees
(DWH Trustees) conducted the natural resource damage assessment (NRDA)
for the Deepwater Horizon 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
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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 Deepwater Horizon Trustees are:
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;
National Oceanic and Atmospheric Administration (NOAA), on
behalf of the U.S. Department of Commerce;
U.S. Department of Agriculture (USDA);
U.S. Environmental Protection Agency (EPA);
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;
State of Mississippi Department of Environmental Quality;
State of Alabama Department of Conservation and Natural
Resources and Geological Survey of Alabama;
State of Florida Department of Environmental Protection
and Fish and Wildlife Conservation Commission; and
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.
This restoration planning activity is proceeding in accordance with
the PDARP/PEIS. Information on the Restoration Type being considered in
the Draft RP/EA #3.3, as well as the OPA criteria against which project
ideas are being evaluated, can be viewed in the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan) and
in the Overview of the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).
Background
On March 20, 2018, the Louisiana TIG completed its Strategic
Restoration Plan and Environmental Assessment #3: Restoration of
Wetlands, Coastal, and Nearshore Habitats in the Barataria Basin,
Louisiana (SRP/EA #3). In addition to identifying a restoration
strategy for the Barataria Basin and confirming its 2018 decision to
move forward the Spanish Pass Increment of the Barataria Basin Ridge
and Marsh Creation project, the SRP/EA also advanced the Mid-Barataria
Sediment Diversion and Large Scale Marsh Creation: Component E in
northern Barataria Basin for further evaluation and planning in a
future Phase II restoration plan. After approval of the SRP/EA #3,
engineering and design (E&D) was initiated for the Large Scale Marsh
Creation: Component E. A portion of that project, now identified as
Large Scale Barataria Marsh Creation: Upper Barataria Component, is now
at a stage of E&D where NEPA analyses can be conducted on the design
alternatives. Therefore, tiering from the SRP/EA #3, the Louisiana TIG
is proposing in RP/EA #3.3 implementation of the Large-Scale Barataria
Marsh Creation: Upper Barataria Component Restoration project.
Overview of the Louisiana TIG Draft RP/EA #3.3
The Draft RP/EA #3.3 is being released in accordance with OPA NRDA
regulations in the Code of Federal Regulations (CFR) at 15 CFR part
990, NEPA (42 U.S.C. 4321 et seq.), the Consent Decree, and the Final
PDARP/PEIS. The Draft RP/EA #3.3 focuses on an area (``the Project
Area'') in the upper Barataria Basin, 15 miles (24 km) south of New
Orleans, in Jefferson and Plaquemines Parishes, Louisiana, from
approximately 5.4 miles (8.7km) west of the Mississippi River to the
Mississippi River between river miles (RM) 64 and 67. In the Draft RP/
EA #3.3, the Louisiana TIG proposes a preferred design alternative for
the Large-Scale Marsh Creation Project: Component E in Upper Barataria,
to be funded under the DWH Louisiana Restoration Area Wetlands, Coastal
and Nearshore Habitats restoration type allocation. Three alternatives
and the No Action alternative are analyzed in detail. The preferred
alternative would include filling of a combination of marsh creation
areas (MCAs) for the creation of approximately 1,207 acres (12.1 km\2\)
of intertidal marsh platform with a design life of 20 years. A total of
approximately 10.6 million cubic yards (MCY) of fill (sediment),
comprising 8.4 MCY of currently available material to be dredged from
the borrow areas and an additional 2.2 MCY expected to accumulate at
the borrow areas during the construction time frame. This alternative
would require a single construction mobilization and has an estimated
time frame of 26 months for an estimated total project cost of
approximately $172 million, inclusive of Phase I design, construction,
contingency, project management, and monitoring & adaptive management.
Alternative 2 (Non-preferred). This alternative would include
filling a combination of MCAs for the creation of approximately 944
acres (3.8 km\2\) of intertidal marsh platform (fewer MCAs than
Alternative 1) for a project lifetime of 20 years. Approximately 8.4
MCY of sediment (currently available) would be immediately available
for use from the proposed borrow areas. Project construction time is an
estimated 24 months and would require a single construction
mobilization for an estimated cost of approximately $126 million.
Alternative 3 (Non-preferred). This alternative would include
filling a combination of MCAs for the creation of approximately 1,792
acres (7.3 km\2\) of intertidal marsh platform (more acres than
Alternative 1) for a project lifetime of 20 years. Approximately 13.8
MCY of sediment would be needed, which could require waiting for an
additional 5.42 MCY of sediment to accumulate at the proposed borrow
areas. This alternative would require two mobilizations with an
anticipated project construction time of 2 to 3 years for an estimated
cost of approximately $201 million.
No Action Alternative (Non-preferred). Under this alternative, the
proposed project would not be constructed with the current funding.
The Louisiana TIG has examined the injuries assessed by the DWH
Trustees and evaluated restoration alternatives to address the
injuries. In Draft RP/EA #3.3, 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 alternative is intended to continue the
process of using DWH restoration funding to restore natural resources
injured or lost as a result of the Deepwater Horizon 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
#3.3. A public webinar is scheduled to facilitate the public review and
comment process. After the public comment period ends, the Louisiana
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TIG will consider and address the comments received before issuing a
Final RP/EA #3.3. 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.
Administrative Record
The documents comprising the Administrative Record for the Draft
RP/EA #3.3 can be viewed electronically at http://www.doi.gov/deepwaterhorizon/adminrecord.
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 16, 2020.
Carrie Selberg,
Director, Office of Habitat Conservation, National Marine Fisheries
Service.
[FR Doc. 2020-05740 Filed 3-19-20; 8:45 am]
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