81 FR 59190 - Notice of availability of the Final Restoration Plan and Programmatic Environmental Impact Statement for Restoration Resulting From the Kalamazoo River Natural Resource Damage Assessment Related to the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 167 (August 29, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 167 (August 29, 2016)
| Page Range | 59190-59192 | |
| FR Document | 2016-20723 |
[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)] [Notices] [Pages 59190-59192] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20723] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE808 Notice of availability of the Final Restoration Plan and Programmatic Environmental Impact Statement for Restoration Resulting From the Kalamazoo River Natural Resource Damage Assessment Related to the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability of a Final Restoration Plan and Programmatic Environmental Impact Statement. ----------------------------------------------------------------------- SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Fish and Wildlife Service (USFWS) announce the availability of the Final Restoration Plan and Programmatic Environmental Impact Statement for Restoration Resulting from the Kalamazoo River Natural Resource Damage Assessment (RP/PEIS). The purpose of the RP/PEIS is to evaluate, in compliance with the National Environmental Policy Act (NEPA), the potential direct, indirect, and cumulative impacts of implementing the alternative programmatic approaches to restoration in the Kalamazoo River watershed. USFWS, NOAA, and the State of Michigan (collectively referred to as the ``Trustees'') also present their plan for restoration projects authorized by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), to compensate for injuries to natural resources from polychlorinated biphenyls (PCBs) released at and from the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site (Superfund Site). The RP/PEIS identifies and evaluates the environmental impacts associated with restoration actions that may be implemented to compensate for injuries to natural resources and associated services. ADDRESSES: Obtaining documents: You may download the RP/PEIS at [[Page 59191]] https://www.fws.gov/midwest/es/ec/nrda/KalamazooRiver/index.html. Alternatively, you may request a CD of the document from Lisa Williams, U.S. Fish and Wildlife Service, East Lansing Field Office, 2651 Coolidge Road East Lansing, MI 48823. FOR FURTHER INFORMATION CONTACT: Lisa Williams, USFWS, by email at [email protected] or by phone at (517) 351-8324. SUPPLEMENTARY INFORMATION: Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., parties responsible for releasing hazardous substances into the environment are liable both for the costs of responding to the release (by cleaning up, containing, or otherwise remediating the release) and for damages arising from injuries to publicly owned or managed natural resources resulting from the release. CERCLA's Natural Resource Damage Assessment (NRDA) regulations (43 CFR 11) prescribe the process of assessing the nature and extent of the resulting injury, destruction, or loss of natural resources and the services they provide. Carrying out of the NRDA process also includes determining the compensation required to make the public whole for such injuries, destruction, or loss. CERCLA authorizes certain Federal and State agencies and Indian tribes to act on behalf of the public as Trustees for affected natural resources. Under CERCLA, these agencies and tribes are authorized to assess natural resource injuries and to seek compensation, referred to as damages, from responsible parties, including the costs of performing the damage assessment. The Trustees are required to use recovered damages for the following purposes only: To restore, replace, or acquire the equivalent of the injured or lost resources and services. In the Draft RP/PEIS, the Trustees described restoration projects that could compensate for injuries to natural resources from polychlorinated biphenyls (PCBs) released at and from the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site (Superfund Site). These include both general types of restoration projects as well as two specific projects to restore aquatic connectivity on the Kalamazoo River by removing dams in and near Otsego, Michigan. The notice of availability of the Draft RP/PEIS was published in the Federal Register on September 14, 2015 (80 FR 55144). The Draft RP/ PEIS presented alternative programmatic approaches to restoration in the Kalamazoo River watershed and two specific projects as just mentioned, as well as an assessment of impacts of implementing the restoration approaches and projects. The Trustees provided the public with 45 days to review and comment on the Draft RP/PEIS. The Trustees also held a public meeting at the Kalamazoo Nature Center on September 15, 2015, to facilitate public understanding of the document and provide opportunity for public comment. The Trustees considered the public comments received, which informed the Trustees' analysis of programmatic alternatives in the Final RP/PEIS. A summary of the public comments received and the Trustees' responses to those comments are addressed in Chapter 7 with details provided in Appendix D of the Final RP/PEIS. The Trustees prepared this RP/PEIS for restoration in the Kalamazoo River watershed pursuant to both CERCLA NRDA regulations and National Environmental Policy Act (NEPA) regulations. The NEPA process consists of a set of fundamental objectives that include interagency coordination and cooperation, and public participation in the planning and development of projects. NEPA requires Federal agencies to conduct environmental reviews of proposed actions to consider the potential impacts on the environment. The Final RP/PEIS describes restoration projects that could compensate for injuries to natural resources from polychlorinated biphenyls (PCBs) released at and from the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site (Superfund Site). Industrial activities in the Kalamazoo area have released PCBs into the environment. Recycling of carbonless copy paper at several area paper mills was the primary source of PCB release. Waste from the recycling of such paper conducted at Kalamazoo-area paper mills also contained PCBs, and the waste was disposed of by several methods that resulted in releases of PCBs into the environment. These PCBs have contaminated sediments, the water column, and biota in and adjacent to downstream sections of Portage Creek, the Kalamazoo River, and Lake Michigan. Based on the risks that PCBs pose to the environment and to human health, the U.S. Environmental Protection Agency (EPA) listed the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site on the National Priorities List on August 30, 1990. PCBs are listed as hazardous substances under CERCLA. EPA and the Michigan Department of Environmental Quality currently describe the Site being addressed by the Superfund remedial investigation as including: (1) Five disposal areas and six paper mill properties; (2) a 3-mile stretch of Portage Creek from Cork Street in the City of Kalamazoo to where the creek meets the Kalamazoo River; and (3) an approximately 80-mile stretch of the Kalamazoo River, from Morrow Dam to Lake Michigan, with adjacent floodplains, wetlands, and in-stream sediments. As defined in the Stage 1 Assessment Report (MDEQ et al. 2005; available at http://www.fws.gov/midwest/es/ec/nrda/KalamazooRiver), the Trustees are using the term Kalamazoo River Environment (KRE) to represent the entire natural resource damage assessment area. The KRE encompasses the area being addressed by the Superfund remedial investigations for the site's operable units, along with any area where hazardous substances released at or from the Superfund site have come to be located, and areas where natural resources or the services they provide may have been affected by the Site-related hazardous substances releases (MDEQ et al. 2005). The Trustees expect to have opportunities to settle natural resource damage claims with willing parties. The RP/PEIS provides an ecological framework, with public input, to maximize the benefits of specific restoration projects to the affected resources in the KRE that might be included in or funded by future settlements. The RP/PEIS provides criteria and guidance for Trustees to use in selecting feasible restoration projects. Next Steps In accordance with NEPA, a Federal agency must prepare a concise public Record of Decision (ROD) at the time the agency makes a decision in cases involving an EIS (40 CFR 1505.2). The Trustees will issue a ROD pursuant to NEPA regulations at 40 CFR 1505.2. Accordingly, the ROD for the Final RP/PEIS will provide and explain the Trustees' decisions regarding the selection of a preferred alternative. The Trustees will issue the ROD no earlier than 30 days after the Environmental Protection Agency publishes a notice in the Federal Register announcing the availability of the Final RP/PEIS (40 CFR 1506.10). Administrative Record In compliance with 40 CFR 1505 et seq., the Trustees will include in the NRDA Administrative Record (Record) documents that the Trustees relied upon during the development of the Final RP/PEIS. The hard copy Record is on file [[Page 59192]] at MDEQ (contact Judith Alfano at (517) 284-5061 or [email protected]), and selected documents from the Record are also accessible at the following Web site: http://www.fws.gov/midwest/es/ec/nrda/KalamazooRiver. Dated: August 24, 2016. Carrie Selberg, Acting Director, Office of Habitat Conservation, National Marine Fisheries Service. [FR Doc. 2016-20723 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
![59190 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices
Dated: August 24, 2016. reasons why a hearing on this Dated: August 24, 2016.
Jeffrey N. Lonergan, application would be appropriate. Julia Harrison,
Acting Deputy Director, Office of Sustainable Chief, Permits and Conservation Division,
FOR FURTHER INFORMATION CONTACT:
Fisheries, National Marine Fisheries Service. Office of Protected Resources, National
Shasta McClenahan or Jennifer Marine Fisheries Service.
[FR Doc. 2016–20644 Filed 8–26–16; 8:45 am]
Skidmore, (301) 427–8401. [FR Doc. 2016–20613 Filed 8–26–16; 8:45 am]
BILLING CODE 3510–22–P
SUPPLEMENTARY INFORMATION: The BILLING CODE 3510–22–P
subject permit is requested under the
DEPARTMENT OF COMMERCE authority of the Marine Mammal
Protection Act of 1972, as amended DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric (MMPA; 16 U.S.C. 1361 et seq.), the
Administration National Oceanic and Atmospheric
regulations governing the taking and Administration
RIN 0648–XE766 importing of marine mammals (50 CFR
part 216), the Endangered Species Act of RIN 0648–XE808
Marine Mammals; File Nos. 19669 and 1973, as amended (ESA; 16 U.S.C. 1531
Notice of availability of the Final
20532 et seq.), and the regulations governing
Restoration Plan and Programmatic
the taking, importing, and exporting of
AGENCY: National Marine Fisheries Environmental Impact Statement for
endangered and threatened species (50
Service (NMFS), National Oceanic and Restoration Resulting From the
CFR 222–226). Kalamazoo River Natural Resource
Atmospheric Administration (NOAA),
Commerce. File No. 19669: The applicant Damage Assessment Related to the
ACTION: Notice; receipt of applications.
proposes to import and export biological Allied Paper, Inc./Portage Creek/
samples taken for scientific research Kalamazoo River Superfund Site
SUMMARY: Notice is hereby given that that continues the long term evaluation
AGENCY: National Marine Fisheries
the Chicago Zoological Society [Michael and monitoring of South American fur
Service (NMFS), National Oceanic and
J. Adkesson, D.V.M., Responsible Party], seal (Arctocephalus australis) and South
Atmospheric Administration (NOAA),
3300 South Golf Rd., Brookfield, Illinois American sea lion (Otaria flavescens)
Commerce.
60513 (File No. 19669), and Stephen population health at the Punta San Juan
ACTION: Notice of availability of a Final
John Trumble, Ph.D., Baylor University, reserve and marine protected area in
101 Bagby Ave., Waco, TX 76706 (File Restoration Plan and Programmatic
Peru. The requested duration of the
Environmental Impact Statement.
No. 20532), have applied in due form permit is 5 years.
for permits to import, export, and File No. 20532: The applicant SUMMARY: The National Oceanic and
receive marine mammal parts for proposes to import and export biological Atmospheric Administration (NOAA)
scientific research. samples from museum holdings and and the U.S. Fish and Wildlife Service
DATES: Written, telefaxed, or email stranded animals worldwide for (USFWS) announce the availability of
comments must be received on or before scientific research to chronologically the Final Restoration Plan and
September 28, 2016. profile anthropogenic and physiological Programmatic Environmental Impact
ADDRESSES: The applications and data including hormones and pesticides Statement for Restoration Resulting
related documents are available for to record exposure and stress. Earwax from the Kalamazoo River Natural
review by selecting ‘‘Records Open for and baleen samples will be from blue Resource Damage Assessment (RP/
Public Comment’’ from the ‘‘Features’’ (Balaenoptera musculus), gray PEIS). The purpose of the RP/PEIS is to
box on the Applications and Permits for (Eschrichtius robustus), fin evaluate, in compliance with the
Protected Species (APPS) home page, National Environmental Policy Act
(Balaenoptera physalus), minke
https://apps.nmfs.noaa.gov, and then (NEPA), the potential direct, indirect,
(Balaenoptera acutorostrata), bowhead
selecting File No. 19669 or 20532 from and cumulative impacts of
whales (Balaena mysticetus), and
the list of available applications. implementing the alternative
humpback whales (Megaptera
These documents are also available programmatic approaches to restoration
novaeangliae), and earwax only from
upon written request or by appointment in the Kalamazoo River watershed.
sperm whales (Physeter
in the Permits and Conservation USFWS, NOAA, and the State of
macrocephalus). Earwax and baleen
Division, Office of Protected Resources, Michigan (collectively referred to as the
may also be obtained from subsistence
NMFS, 1315 East-West Highway, Room ‘‘Trustees’’) also present their plan for
hunted bowhead whales in Alaska. The
13705, Silver Spring, MD 20910; phone restoration projects authorized by the
requested duration of the permit is 5
(301) 427–8401; fax (301) 713–0376. Comprehensive Environmental
years. Response, Compensation and Liability
Written comments on either of these
applications should be submitted to the In compliance with the National Act (CERCLA), to compensate for
Chief, Permits and Conservation Environmental Policy Act of 1969 (42 injuries to natural resources from
Division, at the address listed above. U.S.C. 4321 et seq.), an initial polychlorinated biphenyls (PCBs)
Comments may also be submitted by determination has been made that the released at and from the Allied Paper,
facsimile to (301) 713–0376, or by email activities proposed are categorically Inc./Portage Creek/Kalamazoo River
to NMFS.Pr1Comments@noaa.gov. excluded from the requirement to Superfund Site (Superfund Site). The
Please include the File No. 19669 or prepare an environmental assessment or RP/PEIS identifies and evaluates the
jstallworth on DSK7TPTVN1PROD with NOTICES
20532 in the subject line of the email environmental impact statement. environmental impacts associated with
comment. Concurrent with the publication of restoration actions that may be
Those individuals requesting a public this notice in the Federal Register, implemented to compensate for injuries
hearing should submit a written request NMFS is forwarding copies of the to natural resources and associated
to the Chief, Permits and Conservation applications to the Marine Mammal services.
Division at the address listed above. The Commission and its Committee of ADDRESSES: Obtaining documents: You
request should set forth the specific Scientific Advisors. may download the RP/PEIS at
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![59192 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Notices
at MDEQ (contact Judith Alfano at (517) Written comments on this application annually. During vessel surveys up to 20
284–5061 or alfanoj@michigan.gov), and should be submitted to the Chief, animals of each species of humpback
selected documents from the Record are Permits and Conservation Division, at whales, fin whales, harbor porpoise
also accessible at the following Web the address listed above. Comments may (Phocoena phocoena) and Atlantic
site: http://www.fws.gov/midwest/es/ec/ also be submitted by facsimile to (301) white-sided dolphins (Lagenorhynchus
nrda/KalamazooRiver. 713–0376, or by email to acutus) could be incidentally harassed
Dated: August 24, 2016. NMFS.Pr1Comments@noaa.gov. Please annually.
include the File No. in the subject line In compliance with the National
Carrie Selberg,
of the email comment. Environmental Policy Act of 1969 (42
Acting Director, Office of Habitat
Conservation, National Marine Fisheries Those individuals requesting a public U.S.C. 4321 et seq.), an initial
Service. hearing should submit a written request determination has been made that the
to the Chief, Permits and Conservation activities proposed are categorically
[FR Doc. 2016–20723 Filed 8–26–16; 8:45 am]
Division at the address listed above. The excluded from the requirement to
BILLING CODE 3510–22–P
request should set forth the specific prepare an environmental assessment or
reasons why a hearing on this environmental impact statement.
application would be appropriate. Concurrent with the publication of
DEPARTMENT OF COMMERCE
FOR FURTHER INFORMATION CONTACT:
this notice in the Federal Register,
National Oceanic and Atmospheric Amy Hapeman or Sara Young, (301) NMFS is forwarding copies of the
Administration 427–8401. applications to the Marine Mammal
Commission and its Committee of
RIN 0648–XE815 SUPPLEMENTARY INFORMATION: The
Scientific Advisors.
subject permits are requested under the
Marine Mammals; File Nos. 19315 and authority of the Marine Mammal Dated: August 18, 2016.
19674 Protection Act of 1972, as amended Nicole R. Le Boeuf,
(MMPA; 16 U.S.C. 1361 et seq.), the Acting Deputy Director, Office of Protected
AGENCY: National Marine Fisheries Resources National Marine Fisheries Service.
Service (NMFS), National Oceanic and regulations governing the taking and
importing of marine mammals (50 CFR [FR Doc. 2016–20597 Filed 8–26–16; 8:45 am]
Atmospheric Administration (NOAA),
Commerce. part 216), the Endangered Species Act of BILLING CODE 3510–22–P
1973, as amended (ESA; 16 U.S.C. 1531
ACTION: Notice; receipt of applications.
et seq.), and the regulations governing
SUMMARY: Notice is hereby given that the taking, importing, and exporting of DEPARTMENT OF COMMERCE
the Center for Coastal Studies, Right endangered and threatened species (50
National Oceanic and Atmospheric
Whale Ecology Program, 5 Holway CFR parts 222–226).
Administration
Avenue, P.O. Box 1036, Provincetown, File No. 19315: The applicant
MA 02657 [Responsible Party: Richard requests a five-year scientific research RIN 0648–XE847
Delaney] and Scott Kraus, Ph.D., New permit to monitor right whale
England Aquarium, Edgerton Research demographics, life history traits, habitat Pacific Fishery Management Council;
Lab, Central Wharf, Boston MA 02110 use, and behavior in Atlantic coastal Public Meetings
have applied in due form for a permit waters from the Mid-Atlantic Bight to AGENCY: National Marine Fisheries
to take 22 species of cetaceans and the Gulf of Maine. Annually, up to 1,500 Service, National Oceanic and
pinnipeds, including endangered North right whales would be approached by Atmospheric Administration,
Atlantic right (Eubalaena glacialis), aircraft for photo-identification and Commerce.
humpback (Megaptera novaeangliae), behavioral observation; up to 700 right ACTION: Notice of public meetings.
fin (Balaenoptera physalus), blue (B. whales would be approached by vessel
musculus), sei (B. borealis), bowhead for these activities and prey mapping; SUMMARY: The Pacific Fishery
(Balaena mysticetus), and sperm and up to 10 whales would be suction- Management Council (Pacific Council)
(Physeter macrocephalus) whales, for cup tagged. Opportunistic sighting data and its advisory entities will hold
purposes of scientific research. and photographs would be collected for public meetings.
DATES: Written, telefaxed, or email bowhead whales and up to 20 other DATES: The Pacific Council and its
comments must be received on or before cetacean and pinniped species and advisory entities will meet September
September 28, 2016. unidentified dolphins and whales could 12–20, 2016. The Pacific Council
ADDRESSES: The application and related be incidentally harassed and meeting will begin on Thursday,
documents are available for review by photographed annually during surveys. September 15, 2016 at 10 a.m.,
selecting ‘‘Records Open for Public File No. 19674: Dr. Kraus requests a reconvening at 8 a.m. each day through
Comment’’ from the ‘‘Features’’ box on five-year scientific research permit to Tuesday, September 20, 2016. All
the Applications and Permits for assess, quantify, and track trends in the meetings are open to the public, except
Protected Species (APPS) home page, demographic characteristics of right a closed session will be held from 10
https://apps.nmfs.noaa.gov, and then whales, and to identify, quantify and a.m. to 11 a.m., Thursday, September 15
selecting File No. 19315 (Center for monitor the long term trends in to address litigation and personnel
Coastal Studies) or File No. 19674 anthropogenic impacts on the species. matters. The Pacific Council will meet
(Kraus) from the list of available Up to 500 right whales would be as late as necessary each day to
approached annually by vessel or complete its scheduled business.
jstallworth on DSK7TPTVN1PROD with NOTICES
applications.
These documents are also available aircraft for photo-identification, ADDRESSES: Meetings of the Council and
upon written request or by appointment behavioral observation, and blow and its advisory entities will be held at the
in the Permits and Conservation fecal sampling; up to 50 additional non- Riverside Hotel, 2900 Chinden Blvd.,
Division, Office of Protected Resources, neonate whales would be photographed Boise, ID 83714; telephone: (208) 343–
NMFS, 1315 East-West Highway, Room and biopsy sampled annually. 1871.
13705, Silver Spring, MD 20910; phone Biological samples from up to 50 whales Council address: Pacific Fishery
(301) 427–8401; fax (301) 713–0376. could be received, imported or exported Management Council, 7700 NE
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Document Created: 2016-08-26 23:49:07
Document Modified: 2016-08-26 23:49:07
| 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 of a Final Restoration Plan and Programmatic Environmental Impact Statement. | |
| Contact | Lisa Williams, USFWS, by email at [email protected] or by phone at (517) 351-8324. | |
| FR Citation | 81 FR 59190 | |
| RIN Number | 0648-XE80 |
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