80 FR 33540 - Notice of Availability of the Draft Damage Assessment and Restoration Plan and Environmental Assessment for Enbridge Line 6B Oil Discharges Near Marshall, MI

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 113 (June 12, 2015)

Page Range		33540-33541
FR Document		2015-14410

The U.S. Department of the Interior (DOI), acting through the U.S. Fish and Wildlife Service (FWS); the Nottawaseppi Huron Band of the Potawatomi Tribe; and the Match-E-Be-Nash-She-Wish Band of the Pottawatomi Indians have written a Draft Damage Assessment and Restoration Plan and Environmental Assessment (Draft Plan), which describes proposed alternatives for restoring injured natural resources and compensating for losses resulting from the discharges of oil from Enbridge's Line 6B oil pipeline near Marshall, Michigan, in July 2010. The Draft Plan was prepared in accordance with the Oil Pollution Act of 1990 (OPA) and the National Environmental Policy Act (NEPA). The purpose of this notice is to inform the public of the availability of the Draft Plan and to seek written comments.

Federal Register, Volume 80 Issue 113 (Friday, June 12, 2015)

[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33540-33541]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14410]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2013-N194; FXHC11300300000-156-FF03E00000]


Notice of Availability of the Draft Damage Assessment and 
Restoration Plan and Environmental Assessment for Enbridge Line 6B Oil 
Discharges Near Marshall, MI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of the Interior (DOI), acting through the 
U.S. Fish and Wildlife Service (FWS); the Nottawaseppi Huron Band of 
the Potawatomi Tribe; and the Match-E-Be-Nash-She-Wish Band of the 
Pottawatomi Indians have written a Draft Damage Assessment and 
Restoration Plan and Environmental Assessment (Draft Plan), which 
describes proposed alternatives for restoring injured natural resources 
and compensating for losses resulting from the discharges of oil from 
Enbridge's Line 6B oil pipeline near Marshall, Michigan, in July 2010. 
The Draft Plan was prepared in accordance with the Oil Pollution Act of 
1990 (OPA) and the National Environmental Policy Act (NEPA). The 
purpose of this notice is to inform the public of the availability of 
the Draft Plan and to seek written comments.

DATES: Written comments must be postmarked no later than July 27, 2015.

ADDRESSES: Obtaining Documents: You may obtain copies of the documents 
by any of the following methods:
     Online: http://www.fws.gov/midwest/es/ec/nrda/MichiganEnbridge/index.html.
     Email: Lisa L. Williams, at [email protected]. Do not 
use any special characters or forms of encryption in your email.
     In-person: U.S. Fish and Wildlife Service, 2651 Coolidge 
Road, Suite 101, East Lansing, MI 48848.
     U.S. mail: Lisa L. Williams, Contaminants Specialist, at 
the Coolidge Road address above.
    Submitting Comments: You may submit comments to Lisa L. Williams at 
the Coolidge Road address above or via email at [email protected] 
with ``Enbridge NRDA Comment'' in the subject line

FOR FURTHER INFORMATION CONTACT: Technical Information: Lisa Williams, 
(517) 351-8324.

SUPPLEMENTARY INFORMATION: DOI, acting through FWS; the Nottawaseppi 
Huron Band of the Potawatomi Tribe; and the Match-E-Be-Nash-She-Wish 
Band of the Pottawatomi Indians have written a Draft Damage Assessment 
and Restoration Plan and Environmental Assessment (Draft Plan), which 
describes proposed alternatives for restoring injured natural resources 
and compensating for losses resulting from the discharges of oil from 
Enbridge's Line 6B oil pipeline near Marshall, Michigan, which occurred 
July 25-26, 2010. The Draft Plan was prepared in accordance with the 
Oil Pollution Act of 1990 (OPA) and the National Environmental Policy 
Act (NEPA). DOI and the two tribes prepared this Draft Plan in 
cooperation with our co-Trustees: The Department of Commerce (DOC), 
acting through the National Oceanic and Atmospheric Administration 
(NOAA), and the State of Michigan, acting through the Michigan 
Department of Environmental Quality (MDEQ), the Michigan Department of 
Natural Resources (MDNR), and the Michigan Department of Attorney 
General (MDAG). The purpose of this notice is to inform the public of 
the availability of the Draft Plan and to seek written comments. This 
notice is provided pursuant to Natural Resource Damage Assessment and 
Restoration (NRDAR) regulations

[[Page 33541]]

(15 CFR 990.23 and 990.55(c)) and NEPA regulations (40 CFR 1506.6).
    The DOI (represented by the FWS), the DOC (represented by the 
NOAA), the Nottawaseppi Huron Band of the Potawatomi Tribe, the Match-
E-Be-Nash-She-Wish Band of the Pottawatomi Indians, and the State of 
Michigan (the latter acting through MDEQ, MDNR, and MDAG) are Trustees 
for natural resources considered in this Draft Plan, pursuant to 
subpart G of the National Oil and Hazardous Substances Pollution 
Contingency Plan (40 CFR 300.600, 300.605, and 300.610) and Executive 
Order 12580. The Trustees followed the NRDAR regulations found at 15 
CFR part 990 and the NEPA regulations found at 40 CFR parts 1500-1508 
for the development of the Draft Plan. The Trustees will consider all 
public comments received during the public comment as we proceed to 
finalize the Draft Plan. The Draft Plan will be finalized prior to 
implementation of restoration. Any significant additions or 
modifications to the Final Plan that become necessary as restoration 
actions proceed will be made available for public review before any 
changes in restoration actions are undertaken.

Background

    The goal of NRDAR under the Oil Pollution Act of 1990 (33 U.S.C. 
2701 et seq.; OPA) is to make the environment and public whole for 
injuries to natural resources and natural resource services resulting 
from incidents involving discharge or substantial threat of discharge 
of oil. This goal is achieved through returning injured natural 
resources and services to baseline and compensating for interim losses 
of such natural resources and services through the restoration, 
rehabilitation, replacement, or acquisition of equivalent natural 
resources and/or services.

Process

    In this case, the Trustees worked together in a cooperative process 
to identify appropriate restoration activities to address natural 
resource injuries caused by discharges of oil from Enbridge's Line 6B 
pipeline near Marshall, Michigan. The results of this administrative 
process are contained in the Draft Plan, which is a planning and 
decision document being published for public review under OPA and NEPA. 
The Draft Plan describes the injuries that occurred as a result of the 
discharges of oil, how the Trustees estimated damages, how those 
damages will be addressed through proposed restoration alternatives, 
and what the expected environmental impacts of the proposed projects 
would be. By law, natural resource damages received must be used to 
restore, rehabilitate, replace, and/or acquire the equivalent of those 
injured natural resources.

Public Involvement

    Interested members of the public are invited to review and comment 
on the Plan. Copies can be requested from the address and Web site 
listed above. Comments on the Draft Plan should be sent to the U.S. 
Fish and Wildlife Service (see ADDRESSES). The U.S. Fish and Wildlife 
Service will provide copies of all comments to the other Trustees. All 
comments received from individuals become part of the official public 
record. Requests for such comments will be handled in accordance with 
the Freedom of Information Act and the Council on Environmental 
Quality's NEPA regulations (40 CFR 1506.6(f)).

Availability of Public Comments

    The Trustees' practice is to make comments, including names and 
home addresses of respondents, available for public review during 
regular business hours. Before including your address, phone number, 
email address, or other personal identifying information in your 
comment, you should be aware that the entire comment, including your 
personal identifying information, may be available at any time. While 
individual respondents may request that the Fish and Wildlife Service 
withhold their personal identifying information from public review, we 
cannot guarantee we will be able to do so.

Authority

    This notice is provided pursuant to NRDAR regulations (15 CFR 
990.23 and 990.55(c)) and NEPA regulations (40 CFR 1506.6).

    Dated: April 3, 2015.
Charles Wooley,
Acting Regional Director, Midwest Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2015-14410 Filed 6-11-15; 8:45 am]
 BILLING CODE 4310-55-P

33540 Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices

3. Direct, indirect, and cumulative EIS and proposed MSHCP are complete (NEPA). The purpose of this notice is to
impacts that implementation of the and made available for review, there inform the public of the availability of
proposed Covered Activities could have will be additional opportunity for the Draft Plan and to seek written
on endangered, threatened, and other public comment on the content of those comments.
Covered Species, and their communities documents. DATES: Written comments must be
or habitats; Persons needing reasonable
postmarked no later than July 27, 2015.
4. Other possible alternatives to the accommodations in order to attend and
proposed action that the Service should participate in the public meetings ADDRESSES: Obtaining Documents: You
consider; should contact the Midwest Region may obtain copies of the documents by
5. Other current or planned activities using one of the methods listed above in any of the following methods:
in the subject area and their possible ADDRESSES as soon as possible. In order • Online: http://www.fws.gov/
impacts on Covered Species; to allow sufficient time to process midwest/es/ec/nrda/MichiganEnbridge/
6. The presence of archaeological requests, please make contact no later index.html.
sites, buildings and structures, historic than one week before the public • Email: Lisa L. Williams, at lisa_
events, sacred and traditional areas, and meeting. Information regarding this williams@fws.gov. Do not use any
other historic preservation concerns, proposed action is available in special characters or forms of
which are required to be considered in alternative formats upon request. encryption in your email.
project planning by the National • In-person: U.S. Fish and Wildlife
Historic Preservation Act; and Authority Service, 2651 Coolidge Road, Suite 101,
7. Identification of any other We provide this notice under section East Lansing, MI 48848.
environmental issues that should be 10 of the ESA (16 U.S.C. 1531 et seq.), • U.S. mail: Lisa L. Williams,
considered with regard to the proposed section 668a of the Eagle Act (16 U.S.C. Contaminants Specialist, at the Coolidge
MSHCP and permit action. 668a–668d), and per NEPA regulations Road address above.
Public Availability of Comments (40 CFR 1501.7, 40 CFR 1506.5 and Submitting Comments: You may
1508.22). submit comments to Lisa L. Williams at
You may submit your comments and the Coolidge Road address above or via
Dated: May 29, 2015.
materials by one of the methods listed email at kzoorivernrda@fws.gov with
above in the ADDRESSES section. Before Lynn Lewis,
Assistant Regional Director, Ecological
‘‘Enbridge NRDA Comment’’ in the
including your address, phone number, subject line
Services, Midwest Region.
or other personal identifying
[FR Doc. 2015–14408 Filed 6–11–15; 8:45 am] FOR FURTHER INFORMATION CONTACT:
information in your comment, you
Technical Information: Lisa Williams,
should be aware that your entire BILLING CODE 4310–55–P
(517) 351–8324.
comment—including your personal
identifying information—might be made SUPPLEMENTARY INFORMATION: DOI,
publicly available at any time. While DEPARTMENT OF THE INTERIOR acting through FWS; the Nottawaseppi
you can ask us in your comment to Huron Band of the Potawatomi Tribe;
Fish and Wildlife Service and the Match-E-Be-Nash-She-Wish
withhold your personal identifying
information from public review, we [FWS–R3–ES–2013–N194; Band of the Pottawatomi Indians have
cannot guarantee that we will be able to FXHC11300300000–156–FF03E00000] written a Draft Damage Assessment and
do so. Restoration Plan and Environmental
Notice of Availability of the Draft Assessment (Draft Plan), which
Comments and materials we receive,
Damage Assessment and Restoration describes proposed alternatives for
as well as supporting documentation we
Plan and Environmental Assessment restoring injured natural resources and
use in preparing the EIS, will be
for Enbridge Line 6B Oil Discharges compensating for losses resulting from
available for public inspection by
Near Marshall, MI the discharges of oil from Enbridge’s
appointment, during normal business
hours, at the Services Midwest Regional AGENCY: Fish and Wildlife Service, Line 6B oil pipeline near Marshall,
Office in Bloomington, Minnesota. (see Interior. Michigan, which occurred July 25–26,
FOR FURTHER INFORMATION CONTACT ACTION: Notice of availability; request 2010. The Draft Plan was prepared in
section). You may obtain copies of this for public comments. accordance with the Oil Pollution Act of
notice on the Internet at: http:// 1990 (OPA) and the National
www.midwestwindenergyhcpeis.org, or SUMMARY: The U.S. Department of the Environmental Policy Act (NEPA). DOI
from the Midwest Regional Office (see Interior (DOI), acting through the U.S. and the two tribes prepared this Draft
FOR FURTHER INFORMATION CONTACT Fish and Wildlife Service (FWS); the Plan in cooperation with our co-
section). Nottawaseppi Huron Band of the Trustees: The Department of Commerce
Potawatomi Tribe; and the Match-E-Be- (DOC), acting through the National
Scoping Meetings Nash-She-Wish Band of the Oceanic and Atmospheric
See DATES for the date/s and time/s of Pottawatomi Indians have written a Administration (NOAA), and the State
our public scoping meetings. The Draft Damage Assessment and of Michigan, acting through the
primary purpose of these meetings and Restoration Plan and Environmental Michigan Department of Environmental
public comment period is to provide the Assessment (Draft Plan), which Quality (MDEQ), the Michigan
public with a general understanding of describes proposed alternatives for Department of Natural Resources
mstockstill on DSK4VPTVN1PROD with NOTICES

the background of the proposed action restoring injured natural resources and (MDNR), and the Michigan Department
and to solicit suggestions and compensating for losses resulting from of Attorney General (MDAG). The
information on the scope of issues and the discharges of oil from Enbridge’s purpose of this notice is to inform the
alternatives we should consider when Line 6B oil pipeline near Marshall, public of the availability of the Draft
drafting the EIS. Written comments will Michigan, in July 2010. The Draft Plan Plan and to seek written comments.
be accepted at the meetings. Comments was prepared in accordance with the Oil This notice is provided pursuant to
can also be submitted by methods listed Pollution Act of 1990 (OPA) and the Natural Resource Damage Assessment
in the ADDRESSES section. Once the draft National Environmental Policy Act and Restoration (NRDAR) regulations

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Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices 33541

(15 CFR 990.23 and 990.55(c)) and expected environmental impacts of the ACTION: Notice of receipt of applications
NEPA regulations (40 CFR 1506.6). proposed projects would be. By law, for permit.
The DOI (represented by the FWS), natural resource damages received must
the DOC (represented by the NOAA), be used to restore, rehabilitate, replace, SUMMARY: We, the U.S. Fish and
the Nottawaseppi Huron Band of the and/or acquire the equivalent of those Wildlife Service, invite the public to
Potawatomi Tribe, the Match-E-Be- injured natural resources. comment on the following applications
Nash-She-Wish Band of the to conduct certain activities with
Pottawatomi Indians, and the State of Public Involvement endangered species or marine mammals.
Michigan (the latter acting through Interested members of the public are With some exceptions, the Endangered
MDEQ, MDNR, and MDAG) are Trustees invited to review and comment on the Species Act (ESA) and Marine Mammal
for natural resources considered in this Plan. Copies can be requested from the Protection Act (MMPA) prohibit
Draft Plan, pursuant to subpart G of the address and Web site listed above. activities with listed species unless
National Oil and Hazardous Substances Comments on the Draft Plan should be Federal authorization is acquired that
Pollution Contingency Plan (40 CFR sent to the U.S. Fish and Wildlife allows such activities.
300.600, 300.605, and 300.610) and Service (see ADDRESSES). The U.S. Fish DATES: We must receive comments or
Executive Order 12580. The Trustees and Wildlife Service will provide copies requests for documents on or before July
followed the NRDAR regulations found of all comments to the other Trustees. 13, 2015. We must receive requests for
at 15 CFR part 990 and the NEPA All comments received from individuals marine mammal permit public hearings,
regulations found at 40 CFR parts 1500– become part of the official public in writing, at the address shown in the
1508 for the development of the Draft record. Requests for such comments will ADDRESSES section by July 13, 2015.
Plan. The Trustees will consider all be handled in accordance with the ADDRESSES: Brenda Tapia, U.S. Fish and
public comments received during the Freedom of Information Act and the Wildlife Service, Division of
public comment as we proceed to Council on Environmental Quality’s Management Authority, Branch of
finalize the Draft Plan. The Draft Plan NEPA regulations (40 CFR 1506.6(f)). Permits, MS: IA, 5275 Leesburg Pike,
will be finalized prior to Falls Church, VA 22041; fax (703) 358–
implementation of restoration. Any Availability of Public Comments 2281; or email DMAFR@fws.gov.
significant additions or modifications to The Trustees’ practice is to make FOR FURTHER INFORMATION CONTACT:
the Final Plan that become necessary as comments, including names and home Brenda Tapia, (703) 358–2104
restoration actions proceed will be made addresses of respondents, available for (telephone); (703) 358–2281 (fax);
available for public review before any public review during regular business DMAFR@fws.gov (email).
changes in restoration actions are hours. Before including your address, SUPPLEMENTARY INFORMATION:
undertaken. phone number, email address, or other
personal identifying information in your I. Public Comment Procedures
Background
comment, you should be aware that the A. How Do I Request Copies of
The goal of NRDAR under the Oil entire comment, including your
Pollution Act of 1990 (33 U.S.C. 2701 et Applications or Comment on Submitted
personal identifying information, may Applications?
seq.; OPA) is to make the environment be available at any time. While
and public whole for injuries to natural individual respondents may request that Send your request for copies of
resources and natural resource services the Fish and Wildlife Service withhold applications or comments and materials
resulting from incidents involving their personal identifying information concerning any of the applications to
discharge or substantial threat of from public review, we cannot the contact listed under ADDRESSES.
discharge of oil. This goal is achieved guarantee we will be able to do so. Please include the Federal Register
through returning injured natural notice publication date, the PRT-
resources and services to baseline and Authority number, and the name of the applicant
compensating for interim losses of such This notice is provided pursuant to in your request or submission. We will
natural resources and services through NRDAR regulations (15 CFR 990.23 and not consider requests or comments sent
the restoration, rehabilitation, 990.55(c)) and NEPA regulations (40 to an email or address not listed under
replacement, or acquisition of CFR 1506.6). ADDRESSES. If you provide an email
equivalent natural resources and/or address in your request for copies of
services. Dated: April 3, 2015. applications, we will attempt to respond
Charles Wooley, to your request electronically.
Process Acting Regional Director, Midwest Region, Please make your requests or
In this case, the Trustees worked U.S. Fish and Wildlife Service. comments as specific as possible. Please
together in a cooperative process to [FR Doc. 2015–14410 Filed 6–11–15; 8:45 am] confine your comments to issues for
identify appropriate restoration BILLING CODE 4310–55–P which we seek comments in this notice,
activities to address natural resource and explain the basis for your
injuries caused by discharges of oil from comments. Include sufficient
Enbridge’s Line 6B pipeline near DEPARTMENT OF THE INTERIOR information with your comments to
Marshall, Michigan. The results of this allow us to authenticate any scientific or
administrative process are contained in Fish and Wildlife Service commercial data you include.
the Draft Plan, which is a planning and The comments and recommendations
[FWS–HQ–IA–2015–N115;
mstockstill on DSK4VPTVN1PROD with NOTICES

decision document being published for that will be most useful and likely to
public review under OPA and NEPA. FXIA16710900000–156–FF09A30000] influence agency decisions are: (1)
The Draft Plan describes the injuries Endangered Species; Marine Those supported by quantitative
that occurred as a result of the Mammals; Receipt of Applications for information or studies; and (2) Those
discharges of oil, how the Trustees Permit that include citations to, and analyses
estimated damages, how those damages of, the applicable laws and regulations.
will be addressed through proposed AGENCY: Fish and Wildlife Service, We will not consider or include in our
restoration alternatives, and what the Interior. administrative record comments we

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Document Created: 2018-02-22 10:16:10
Document Modified: 2018-02-22 10:16:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for public comments.
Dates		Written comments must be postmarked no later than July 27, 2015.
Contact		Technical Information: Lisa Williams, (517) 351-8324.
FR Citation		80 FR 33540

80 FR 33540 - Notice of Availability of the Draft Damage Assessment and Restoration Plan and Environmental Assessment for Enbridge Line 6B Oil Discharges Near Marshall, MI

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 80, Issue 113 (June 12, 2015)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service