Notice of Availability of a Draft Damage Assessment and Restoration Plan and Environmental Assessment for Natural Resource Injuries and Service Losses Associated With Hazardous Substance Releases Into Bayou Verdine and the Calcasieu River, in Calcasieu Parish, LA (“Bayou Verdine Site”), 13193-13194 [E9-6693]
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Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Notices
Protected Species website at https://
apps.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Matt
McGoogan at phone number (562) 980–
4026 or e-mail:
matthew.mcgoogan@noaa.gov.
SUPPLEMENTARY INFORMATION:
Authority
Issuance of permits, as required by the
Endangered Species Act of 1973 (16
U.S.C. 1531B1543) (ESA), is based on a
finding that such permits: (1) are
applied for in good faith; (2) would not
operate to the disadvantage of the listed
species which are the subject of the
permits; and (3) are consistent with the
purposes and policies set forth in
section 2 of the ESA. Authority to take
listed species is subject to conditions set
forth in the permits. Permits are issued
in accordance with and are subject to
the ESA and NMFS regulations
governing listed fish and wildlife
permits (50 CFR parts 222–226).
Those individuals requesting a
hearing on an application listed in this
notice should provide the specific
reasons why a hearing on that
application would be appropriate (see
ADDRESSES). The holding of such a
hearing is at the discretion of the
Assistant Administrator for Fisheries,
NOAA. All statements and opinions
contained in the permit action
summaries are those of the applicant
and do not necessarily reflect the views
of NMFS.
Permit Application Received
PRDLB has applied for a permit to
conduct steelhead rescue activities for
the Southern California Coast (SCC)
Distinct Population Segment (DPS) of
endangered steelhead (Oncorhynchus
mykiss) which includes coastal streams
from the Santa Maria River south to the
Mexican border. The purpose of this
permit is for the enhancement of
survival of endangered steelhead in the
SCC DPS. During the dry season and
prolonged periods of below normal
rainfall the instream areas harboring
endangered steelhead can experience
dewatering and desiccation. Because
steelhead within drying sections of
streams can perish, possessing the legal
authority to capture and then relocate
at-risk individuals would be valuable
should biotic and abiotic factors suggest
rescue of steelhead is warranted.
Criteria have been defined in the
application to provide an objective
biological basis for determining whether
a steelhead rescue is reasonable and
necessary to enhance the population.
These criteria include instream
characteristics and conditions within
VerDate Nov<24>2008
20:28 Mar 25, 2009
Jkt 217001
the affected area, the cause for any
observed or projected streamflow
decreases or dewatering, the availability
of suitable instream areas to safely
harbor the rescued steelhead (i.e.,
relocation areas), and the abundance of
steelhead within the affected area. The
application specifies that the permit
would be applicable only in the
following situations: when a rapid
response is crucial to steelhead survival,
and when mortality of steelhead, if not
rescued and relocated, is reasonably
certain; and, when take authorization
has not been granted, or is not expected
or warranted, under Section 7 or Section
10 of the ESA. The application defines
criteria to increase the likelihood that
the permit would not be misused.
NMFS-specific responsibilities under
the rescue and relocation activities
involve: (1) serving as the permit holder,
principal investigator, and the primary
contact, (2) designating and
collaborating with the California
Department of Fish and Game (CDFG) as
a co-investigator, (3) determining the
need for a steelhead rescue and
relocation, and (4) providing written
authorization for undertaking steelhead
rescue and relocation. NMFS would
retain discretion as principal
investigator under the permit for
determining, either individually or in
collaboration with CDFG, whether a
steelhead rescue and relocation are
warranted using the established rescue
criteria.
With regard to authorizing steelhead
rescue and relocation, the permit would
grant NMFS the authority to legally
allow its own qualified biologists or
those of the CDFG to conduct and
oversee operations to capture and
relocate steelhead when an imminent
threat to the survival of individuals
exists and when the rescue criteria are
met. Once the determination has been
made that a steelhead rescue is needed,
NMFS will coordinate the rescue and
relocation operation with its own
biologists and (or) those of the CDFG.
The application identifies specific
responsibilities for CDFG related to the
rescue and relocation activities. CDFG
will notify the designated NMFS point
of contact of the need to rescue and
relocate steelhead prior to implementing
any rescue and relocation operation.
The notification will involve a letter
that provides the following information:
A description of the need to rescue
steelhead, including an assessment of
the applicability of the rescue criteria;
the name of the waterway where the
subject rescue and relocation would
occur; a brief description of the specific
conditions believed to be prompting the
rescue (e.g., naturally dry conditions, or
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Fmt 4703
Sfmt 4703
13193
anthropogenic activity causing the
reduction in flow); an estimate of the
number of steelhead that are expected to
be rescued; the name of the waterway
and location (GPS coordinates) where
the collected steelhead would be
relocated; and, a description of the plan
that will be implemented to monitor the
status of the relocated individuals over
time.
A permit duration of 10 years is
requested to cover the described
activities from 6/1/2009 to 12/31/2019.
For this 10 year program, PRDLB has
requested an annual non-lethal take of
up to 2000 juvenile steelhead and 100
adult steelhead. An annual collection
and possession of up to 100 steelhead
tissue samples is being requested as
well as permission to recover up to 20
carcasses per year (if found). All
samples and carcasses would be sent to
NMFS science center for genetic
research and processing. No intentional
lethal take is being proposed for this
permit. The unintentional lethal take
(mortalities) that may occur during
rescue activities is up to100 juvenile
steelhead per year or no more than 5
percent of the total captured. See the
attached documents in the methods
section of the permit for a complete
project description including tables and
figures.
Dated: March 20, 2009.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E9–6779 Filed 3–25–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Availability of a Draft Damage
Assessment and Restoration Plan and
Environmental Assessment for Natural
Resource Injuries and Service Losses
Associated With Hazardous Substance
Releases Into Bayou Verdine and the
Calcasieu River, in Calcasieu Parish,
LA (‘‘Bayou Verdine Site’’)
AGENCY: National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Availability of a Draft
Damage Assessment and Restoration
Plan and Environmental Assessment for
natural resource injuries and service
losses associated with hazardous
substance releases into Bayou Verdine
and the Calcasieu River, in Calcasieu
Parish, Louisiana (‘‘Bayou Verdine
Site’’); 60-day period for public
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13194
Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Notices
comment on this plan begins March 27,
2009.
SUMMARY: Pursuant to 43 CFR 11.32 and
11.81–.82, notice is hereby given that a
document entitled, ‘‘A Draft Damage
Assessment and Restoration Plan and
Environmental Assessment for the
Bayou Verdine Site, Calcasieu Parish,
Louisiana’’ (Draft DARP/EA) is available
for public review and comment. This
document has been prepared by the
state and federal natural resource trustee
agencies (the ‘‘Trustees’’) to address
natural resource injuries and resource
services losses attributable to past
releases of hazardous substances from
two facilities situated in the upper
Calcasieu Estuary, in Calcasieu Parish,
Louisiana that are presently owned and
operated by ConocoPhillips Company
and Sasol North America Inc
(collectively, the ‘‘potentially
responsible parties’’ or ‘‘PRPs’’). The
Trustees include the National Oceanic
and Atmospheric Administration
(NOAA), Commerce; United States Fish
& Wildlife Service, acting on behalf of
the U.S. Department of the Interior
(USFWS/DOI); Louisiana Department of
Environmental Quality (LDEQ) and
Louisiana Department of Wildlife and
Fisheries (LDWF).
This Draft DARP/EA presents the
Trustees’ proposed assessment of
natural resource injuries and service
losses in the upper Calcasieu Estuary
due to hazardous substances released
from these facilities, and presents the
restoration plan that the Trustees are
proposing for use to compensate for
these losses. The Trustees will consider
comments received during the public
comment period before adopting the
final DARP/EA.
Deadline for Comments: Comments
on the Draft DARP/EA must be
submitted in writing on or before May
26, 2009.
ADDRESSES: Requests for copies of the
Draft DARP/EA should be sent to John
Rapp of NOAA at 1315 East-West
Highway, SSMC3, F/HC3, Silver Spring,
MD 20910, e-mail:
Verdine.Comments@noaa.gov. The Draft
DARP/EA is also available for
downloading at https://
www.darrp.noaa.gov (by clicking on the
document title in the Bayou Verdine
announcement on that page).
Comments on this plan are to be sent
in writing to John Rapp of NOAA for
receipt on or before May 26, 2009. These
written comments may be submitted
either by mail at the address provided
above; by fax to 301–713–0184, or by email to Verdine.Comments@noaa.gov.
SUPPLEMENTARY INFORMATION: Bayou
Verdine is a shallow, sinuous bayou in
VerDate Nov<24>2008
20:28 Mar 25, 2009
Jkt 217001
the upper Calcasieu Estuary, southwest
of the City of Westlake and slightly
northwest of the City of Lake Charles, in
Calcasieu Parish, LA. It originates in an
agricultural area immediately north and
northwest of petroleum facilities owned
and operated by ConocoPhillips
Company and Sasol North America Inc.,
and flows in a south-southeast direction
through this industrialized segment
before entering the Calcasieu River at
Coon Island Loop. Historical operations
at these two facilities have resulted in
releases of hazardous substances, such
as polynuclear aromatic hydrocarbons
(PAHs), heavy metals, and other
hazardous compounds, into Bayou
Verdine and Coon Island Loop, within
the Estuary.
The upper Calcasieu Estuary has been
the focus of a number of past
investigations related to contaminant
releases and is the subject of several ongoing response or corrective action
planning processes under the direction
or oversight of the U.S. Environmental
Protection Agency (USEPA) and/or
LDEQ. The most extensive effort to
identify the nature and extent of
hazardous substances present in the
Estuary to date is the federal-lead
Remedial Investigation (RI) of
contaminants in sediments, surface
water, and biota in the Calcasieu
Estuary undertaken by the USEPA in
1999. Results from this investigation,
combined with other relevant data and
information, prompted the Trustees to
pursue a natural resource damage
assessment (NRDA) to determine and
quantify resource injuries and losses in
the Estuary attributable to hazardous
substances from the PRPs’ facilities, and
to develop a restoration plan that would
be sufficient to compensate for those
losses. The Trustees’ decision to
proceed with this NRDA was identified
in a ‘‘Notice Of Intent To Perform
Damage Assessment & Develop
Restoration Plan for Natural Resources
Injured by Hazardous Substances in
Bayou Verdine & Coon Island Loop in
Calcasieu Parish, Louisiana’’ published
September 26, 2004, in the American
Press, a newspaper of general
circulation in Calcasieu Parish, LA. That
notice also invited public input
regarding potential restoration
opportunities in the watershed that the
Trustees could consider in developing
an appropriate restoration plan. The
PRPs were cooperatively involved in the
NRDA process as well, consistent with
43 CFR 11.32.
The Draft DARP/EA released today
identifies the Trustees’ proposed
assessment of natural resource injuries
and losses due to past releases from
these facilities and identifies the
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
restoration action which is preferred for
use to restore, replace or acquire
resources or services equivalent to those
lost.
In undertaking this NRDA and in
releasing this Draft DARP/EA, the
Trustees are acting in accordance with
their designation and authorities under
section 107(f) of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’), 42 U.S.C. § 9607(f), section
311 of the Federal Water Pollution and
Control Act (FWPCA), 33 U.S.C. section
1321, Subpart G of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP), 40 CFR
sections 300.600–300.615, and
regulations at 43 CFR part 11 that are
applicable to natural resource damage
assessments under CERCLA. The
Trustees act on behalf of the public
under these authorities to protect and
restore natural resources injured or lost
as a result of discharges or releases of
hazardous substances.
FOR FURTHER INFORMATION CONTACT: John
Rapp, at (301) 713–0174 x174, or e-mail:
Verdine.Comments@noaa.gov.
Dated: March 9, 2009.
David G. Westerholm,
Director, Office of Response and Restoration,
National Ocean Service, National Oceanic
and Atmospheric Administration.
[FR Doc. E9–6693 Filed 3–25–09; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice of Public Meeting; The Advisory
Committee on Commercial Remote
Sensing (ACCRES)
AGENCY: National Oceanic and
Atmospheric Administration,
Department of Commerce.
ACTION: Notice of public meeting.
SUMMARY: The Advisory Committee on
Commercial Remote Sensing (ACCRES)
will meet April 7, 2009.
Date and Time: The meeting is
scheduled as follows: April 7, 2009, 9
a.m.–3 p.m. The first part of this
meeting will be closed to the public.
The public portion of the meeting will
begin at 1:30 p.m.
ADDRESSES: The meeting will be held in
the Crowne Plaza Hotel located at 8777
Georgia Ave., Silver Spring, MD 20910.
While open to the public, seating
capacity may be limited.
SUPPLEMENTARY INFORMATION: As
required by section 10(a)(2) of the
Federal Advisory Committee Act, 5
E:\FR\FM\26MRN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Notices]
[Pages 13193-13194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6693]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Notice of Availability of a Draft Damage Assessment and
Restoration Plan and Environmental Assessment for Natural Resource
Injuries and Service Losses Associated With Hazardous Substance
Releases Into Bayou Verdine and the Calcasieu River, in Calcasieu
Parish, LA (``Bayou Verdine Site'')
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Availability of a Draft Damage Assessment and
Restoration Plan and Environmental Assessment for natural resource
injuries and service losses associated with hazardous substance
releases into Bayou Verdine and the Calcasieu River, in Calcasieu
Parish, Louisiana (``Bayou Verdine Site''); 60-day period for public
[[Page 13194]]
comment on this plan begins March 27, 2009.
-----------------------------------------------------------------------
SUMMARY: Pursuant to 43 CFR 11.32 and 11.81-.82, notice is hereby given
that a document entitled, ``A Draft Damage Assessment and Restoration
Plan and Environmental Assessment for the Bayou Verdine Site, Calcasieu
Parish, Louisiana'' (Draft DARP/EA) is available for public review and
comment. This document has been prepared by the state and federal
natural resource trustee agencies (the ``Trustees'') to address natural
resource injuries and resource services losses attributable to past
releases of hazardous substances from two facilities situated in the
upper Calcasieu Estuary, in Calcasieu Parish, Louisiana that are
presently owned and operated by ConocoPhillips Company and Sasol North
America Inc (collectively, the ``potentially responsible parties'' or
``PRPs''). The Trustees include the National Oceanic and Atmospheric
Administration (NOAA), Commerce; United States Fish & Wildlife Service,
acting on behalf of the U.S. Department of the Interior (USFWS/DOI);
Louisiana Department of Environmental Quality (LDEQ) and Louisiana
Department of Wildlife and Fisheries (LDWF).
This Draft DARP/EA presents the Trustees' proposed assessment of
natural resource injuries and service losses in the upper Calcasieu
Estuary due to hazardous substances released from these facilities, and
presents the restoration plan that the Trustees are proposing for use
to compensate for these losses. The Trustees will consider comments
received during the public comment period before adopting the final
DARP/EA.
Deadline for Comments: Comments on the Draft DARP/EA must be
submitted in writing on or before May 26, 2009.
ADDRESSES: Requests for copies of the Draft DARP/EA should be sent to
John Rapp of NOAA at 1315 East-West Highway, SSMC3, F/HC3, Silver
Spring, MD 20910, e-mail: Verdine.Comments@noaa.gov. The Draft DARP/EA
is also available for downloading at https://www.darrp.noaa.gov (by
clicking on the document title in the Bayou Verdine announcement on
that page).
Comments on this plan are to be sent in writing to John Rapp of
NOAA for receipt on or before May 26, 2009. These written comments may
be submitted either by mail at the address provided above; by fax to
301-713-0184, or by e-mail to Verdine.Comments@noaa.gov.
SUPPLEMENTARY INFORMATION: Bayou Verdine is a shallow, sinuous bayou in
the upper Calcasieu Estuary, southwest of the City of Westlake and
slightly northwest of the City of Lake Charles, in Calcasieu Parish,
LA. It originates in an agricultural area immediately north and
northwest of petroleum facilities owned and operated by ConocoPhillips
Company and Sasol North America Inc., and flows in a south-southeast
direction through this industrialized segment before entering the
Calcasieu River at Coon Island Loop. Historical operations at these two
facilities have resulted in releases of hazardous substances, such as
polynuclear aromatic hydrocarbons (PAHs), heavy metals, and other
hazardous compounds, into Bayou Verdine and Coon Island Loop, within
the Estuary.
The upper Calcasieu Estuary has been the focus of a number of past
investigations related to contaminant releases and is the subject of
several on-going response or corrective action planning processes under
the direction or oversight of the U.S. Environmental Protection Agency
(USEPA) and/or LDEQ. The most extensive effort to identify the nature
and extent of hazardous substances present in the Estuary to date is
the federal-lead Remedial Investigation (RI) of contaminants in
sediments, surface water, and biota in the Calcasieu Estuary undertaken
by the USEPA in 1999. Results from this investigation, combined with
other relevant data and information, prompted the Trustees to pursue a
natural resource damage assessment (NRDA) to determine and quantify
resource injuries and losses in the Estuary attributable to hazardous
substances from the PRPs' facilities, and to develop a restoration plan
that would be sufficient to compensate for those losses. The Trustees'
decision to proceed with this NRDA was identified in a ``Notice Of
Intent To Perform Damage Assessment & Develop Restoration Plan for
Natural Resources Injured by Hazardous Substances in Bayou Verdine &
Coon Island Loop in Calcasieu Parish, Louisiana'' published September
26, 2004, in the American Press, a newspaper of general circulation in
Calcasieu Parish, LA. That notice also invited public input regarding
potential restoration opportunities in the watershed that the Trustees
could consider in developing an appropriate restoration plan. The PRPs
were cooperatively involved in the NRDA process as well, consistent
with 43 CFR 11.32.
The Draft DARP/EA released today identifies the Trustees' proposed
assessment of natural resource injuries and losses due to past releases
from these facilities and identifies the restoration action which is
preferred for use to restore, replace or acquire resources or services
equivalent to those lost.
In undertaking this NRDA and in releasing this Draft DARP/EA, the
Trustees are acting in accordance with their designation and
authorities under section 107(f) of the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. Sec.
9607(f), section 311 of the Federal Water Pollution and Control Act
(FWPCA), 33 U.S.C. section 1321, Subpart G of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR sections
300.600-300.615, and regulations at 43 CFR part 11 that are applicable
to natural resource damage assessments under CERCLA. The Trustees act
on behalf of the public under these authorities to protect and restore
natural resources injured or lost as a result of discharges or releases
of hazardous substances.
FOR FURTHER INFORMATION CONTACT: John Rapp, at (301) 713-0174 x174, or
e-mail: Verdine.Comments@noaa.gov.
Dated: March 9, 2009.
David G. Westerholm,
Director, Office of Response and Restoration, National Ocean Service,
National Oceanic and Atmospheric Administration.
[FR Doc. E9-6693 Filed 3-25-09; 8:45 am]
BILLING CODE 3510-JE-P
