[Federal Register Volume 66, Number 218 (Friday, November 9, 2001)]
[Notices]
[Pages 56651-56654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28216]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Availability of Draft Restoration Plan and Environmental Services 
Superfund Site (Shore Realty)

AGENCY: National Oceanic and Atmospheric Administration, Department of 
Commerce.

ACTION: Notice of availability of Draft Restoration Plan and 
Environmental Assessment for the Applied Environmental Services 
Superfund Site (Shore Realty); request for comments.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
providing notice of the availability of the Draft Restoration Plan and 
Environmental Assessment for the Applied Environmental Services (Shore 
Realty) Superfund Site for public review. NOAA, the United States Fish 
and Wildlife Service (USFWS), under the Department of the Interior, and 
the State of New York (New York), serve as natural resource trustees 
(Trustees) over natural resources adversely affected by releases of 
hazardous substances from the Shore Realty Superfund Site (the Site). 
NOAA, the lead administrative trustee, in consultation with the USFWS 
and New York, prepared this Draft Restoration Plan and Environmental 
Assessment (Draft RP/EA) which: (1) Explains the reasons for pursuing 
an off-site restoration project; (2) describes the various off-site 
restoration alternatives the Trustees considered; and (3) discusses the 
preferred restoration alternative which the Trustees have selected for 
implementation--the Bar Beach Lagoon project.

DATES: The Trustees will accept written comments on the Draft 
Restoration Plan and Environmental Assessment through December 10, 
2001.

ADDRESSES: A copy of this Draft Restoration Plan and Environmental 
Assessment is available for review during office hours at the following 
locations: (1) Michelle Schimel, Town Clerk, Town of North Hempstead, 
200 Plandome Road, Manhassett, NY 11030 (516-869-7646); (2) EPA 
Administrative Records Office, 290 Broadway, 18th Floor, New York, NY 
10007 (212-637-4308); (3) Bryant Library, 2 Paper Mill Road, Roslyn, NY 
(516-621-2240); (4) Port Washington Library, Manorhaven Blvd., Port 
Washington (515-883-4400); (5) Lisa Holst, Long Island Sound Study 
Habitat Restoration, NYSDEC Bureau of Marine Resources, 205 North Belle 
Meade Road, Suite 1, East Setauket, NY (631-444-0469); (6) Steve 
Sanford , NYSDEC, Division of Fish, Wildlife, and Marine Resources, 625 
Broadway, Albany, NY (518-402-8997). It is also available on NOAA's Web 
page (http://response.restoration.noaa.gov/cpr/library/publications.html) or through a link on USFWS's Web page (http://contaminants.fws.gov/Issues/Restoration.cfm). The Trustees will accept 
written comments via facsimile (fax) to Lisa Rosman, NOAA/CPRD, at 212-
637-4207, or by e-mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Lisa Rosman, NOAA Coastal Resource 
Coordinator, 212-637-3259, fax 212-637-4207, e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Applied Environmental Services Superfund Site ( the Site, or 
the Shore Realty site), is a 3.2 acre site located in Glenwood Landing, 
Nassau County, New York. Part of the Site is a peninsula surrounded by 
the waters of Motts Cove and Hempstead Harbor, located off of Long 
Island Sound. The Site was first used to store petroleum products in 
1939. Subsequently, the Site was used for the distribution and storage 
of chemical solvents and the operation of a hazardous waste facility. 
Beginning in 1974, numerous organic chemical spills were reported to 
have occurred, including a 1978 spill of about 3,000 gallons of 
toluene. Several hazardous substances and materials, as defined by the 
United States Environmental Protection Agency (USEPA) and listed at 40 
CFR 302.4, in accordance with section 102(a) of the Comprehensive 
Environmental Response, Compensation, and Liability Act

[[Page 56652]]

(CERCLA), contaminated the soil, groundwater, surface water, sediment, 
and air of the Site, including toluene, xylene, ethylbenzene, 
naphthalene, phthalates, and polychlorinated biphenlys (PCBs). See 40 
CFR 302.4 and 42 U.S.C. 9602. In accordance with section 105 of CERCLA, 
the USEPA placed the Site on the National Priorities List in June, 
1986. See 42 U.S.C.A. 9605(8)(B) and 40 CFR part 300, Appendix B.
    In 1991, the USEPA issued a Record of Decision (ROD) for the Site. 
The selected remedy for the Site included: active venting, by vacuum 
extraction, of contaminated soils; collection of contaminated 
groundwater and treatment by air-stripping; re-injection of treated 
groundwater, nutrients, and a chemical source of oxygen to stimulate 
natural remediation of groundwater and saturated soils; and treatment 
of contaminant-laden vapors. The treatment plant has been operating 
since July1995 and will continue operation until site sampling data and 
analysis show that the performance standards set forth in the ROD are 
met. The performance standards include: reduction of concentrations of 
benzene, methylene chloride, and organic contaminants in soils to 
conformity with applicable state and federal standards; reduction of 
contaminants in groundwater to levels equal to or less than the 
groundwater standards for the State of New York; indirect remediation 
of Site sediments by treating contamination in other Site media (soils 
and groundwater), which serve as the source of contaminants to the 
sediments; elimination of exceedance of ambient air standards over the 
mudflats of the Site; and elimination of sheen on surface waters to 
comply with applicable surface water standards.
    Under CERCLA, owners and operators of facilities where hazardous 
wastes were located, and those who generated or transported the 
hazardous substances, are liable for response costs and damages for 
``injury to, destruction of, or loss of natural resources,'' including 
the reasonable costs of assessing those natural resource damages (42 
U.S.C. 9607(a)). The President of the United States, and the Governor 
of each State whose resources have been affected by releases from a 
Site, have the authority to ``act on behalf of the public as trustees 
of such natural resources to recover such damages.'' (See 42 U.S.C. 
9607(F)(1).) In accordance with CERCLA, the President delegated this 
trustee authority to the United States Department of Commerce (DOC), 
and the United States Department of the Interior (DOI) ( 42 U.S.C. 
9607(f)(2)). The Secretary of Commerce delegated DOC trustee authority 
to the National Oceanic and Atmospheric Administration (NOAA). The 
Secretary of the Interior has delegated DOI trustee authority to the 
U.S. Fish and Wildlife Service (USFWS).
    The Applied Environmental Services Superfund Site is located in 
Glenwood Landing, Nassau County, New York. Therefore, the federal 
trustees, NOAA and the USFWS, share trustee authority with the State of 
New York. The Governor of New York has delegated trustee authority to 
the New York State Department of Environmental Conservation (NYSDEC).
    NYSDEC, NOAA, and the USFWS cooperatively serve as the natural 
resource trustees (the Trustees) for the natural resources affected by 
releases of hazardous substances at, or from, the Site. The Trustees 
are responsible for recovering damages for ``injury to, loss of, or 
destruction of natural resources.'' (See 42 U.S.C. 9607 (f)(1).) The 
Trustees must use any recovered funds to ``restore, replace, or acquire 
the equivalent of,'' the natural resources that have been injured by a 
release of a hazardous substance (42 U.S.C. 9607 (f)(1)). Approximately 
2 to 3 acres of mudflat and saltmarsh cordgrass (Spartina alterniflora) 
were severely impacted as a result of hazardous releases at and from 
the Site. The Trustees are in the process of selecting a restoration 
project to address natural resources injured and ecological services 
lost due to the release of hazardous substances from the Site.
    In 1992, the United States, the State of New York, and the 
Performing Parties Group (an entity composed of cooperating past and 
current owners, operators and generators who share liability for the 
releases from the Site, hereinafter referred to as ``the PPG'') entered 
into a Consent Judgment settling the liability of the responsible 
parties under CERCLA for response costs, natural resource damages, and 
the costs of assessing those damages related to the Site.
    Section X. of the 1992 Consent Judgment specifically requires the 
PPG to restore saltmarsh in the mudflats to the east and south of the 
Site, in Hempstead Harbor and Motts Cove, after it is determined that 
``* * * discharges to the shoreline and mud flats adjacent to the Site 
have been sufficiently abated by the remedial program.'' The Consent 
Judgment specifies that the PPG must plant saltmarsh grasses (e.g., 
Spartina alterniflora, S. patens, and/or Distichlis spicata) in these 
areas and may also need to regrade the sediments. If the initial 
plantings are unsuccessful, the PPG would be required to plant more 
halophytic grasses to ensure that the vegetation is sustainable and 
able to support biota, including marine and/or estuarine fish and 
invertebrate species. The Consent Judgment does not require the PPG to 
physically alter the mudflats (e.g., alter the elevation) to achieve 
optimal survival of the saltmarsh grasses over the broadest area. The 
PPG's monetary liability for performance of the on-site restoration is 
limited to $50,000. The PPG is also required to remit to the Trustees 
the sum of $60,000 for ``the design and implementation of a post-
planting monitoring program,'' to determine the functional success of 
the wetlands restoration.
    The PPG also paid $50,000 to the Federal Trustees to compensate for 
``past injury to, destruction of, or loss of, natural resources,'' for 
the said purpose of, ``restoring, replacing or acquiring the equivalent 
of the affected natural resources,'' at an off-Site location. This 
$50,000 will be used for another off-Site enhancement project which 
will be addressed in a separate document.
    The Trustees have determined, and the PPG agrees, that the 
restoration actions due to be implemented in areas of the Hempstead 
Harbor inlet and Motts Cove adjacent to the Site, should be relocated 
off-Site. The parties have concerns regarding the potential success of 
on-Site restoration, which are unrelated to historical releases of 
hazardous substances from the Site.
    Two major factors have led to this determination. First, there are 
a number of nearby sources of pollution and debris that impact the 
original on-Site restoration areas. Storm water runoff, from storm 
water culverts draining the adjacent county road and upgradient areas 
east of the Site, directly impacts the Hempstead Harbor inlet (the 
inlet) and Motts Cove. The inlet is a natural collection point for 
trash and other floating debris in the Harbor. The inlet is not 
protected from wave action caused by marine traffic and storm events, 
and is also vulnerable to erosion events. The Motts Cove marsh area is 
adjacent to a boat marina, and is also a natural collection point for 
trash and other debris of various sizes, some of which is not readily 
removable (e.g., large concrete-based dock). The inlet and Motts Cove 
are subject to trespassing and potential incidental dumping. Second, 
and of greatest concern to the Trustees and the PPG, the current water 
levels in the areas of Hempstead Harbor and Motts Cove adjoining the 
Site do not provide optimum conditions for the long-term survival of a 
saltmarsh community.

[[Page 56653]]

Water depths on the Hempstead Harbor side (in the inlet) exceed those 
required for successful growth of Spartina for a substantial part of 
the area originally set aside for restoration. All of these factors 
would reduce the efficacy and acreage of S. alterniflora marsh 
ultimately restored in the areas. Likewise, the ecological services 
provided from such a restoration would be less than, or substantially 
different from, those originally envisioned.
    Therefore, the Trustees have decided to seek an alternate 
restoration project/location to ensure that natural resources and the 
ecological services they provide are satisfactorily restored. This 
decision was made for the reasons discussed above, the restrictions set 
forth in Paragraph X.1. of the Consent Judgment, and the added costs to 
implement the activities (i.e., debris removal, excavation, fill to 
grade etc.) that would be required for successful on-Site restoration, 
but are not required under the terms of the original Consent Judgment. 
As noted above, under the terms of the 1992 Consent Judgment the PPG is 
not required to alter the elevation of the mudflats in order to make 
the area more suitable for salt marsh grasses, and the costs of 
altering the elevation would far exceed the PPG's $50,000 liability 
limit.
    In lieu of conducting the restoration actions called for in the 
Consent Judgment, the Trustees and the PPG have explored other 
restoration options available in the Hempstead Harbor/Town of North 
Hempstead area. These options have a high probability of success and 
would produce ecological benefits at least equivalent to those derived 
from the restoration project presently required in the Consent 
Judgment. The PPG has indicated its desire to perform an alternative 
off-Site project for a cost not to exceed $50,000 (the maximum 
liability specified in the original Consent Judgment). In addition, the 
PPG participated in the identification and review of potential 
restoration alternatives, and has agreed to fund the design costs for 
the preferred restoration project. The PPG has also agreed to replace a 
deteriorating bulkhead at the Site in order to further remediation 
efforts.

II. Restoration Alternatives Considered and the Preferred 
Restoration Project Selected by the Natural Resource Trustees

    The Trustees identified three desired characteristics for potential 
projects: (1) The habitat proposed to be restored must be similar in 
type to the habitat that was impacted, and potentially provide similar 
services; (2) the project must be in the same watershed as the impacted 
wetland; and (3) the project must provide long-term or perpetual 
benefits to the impacted resources, including fish and wildlife. 
Thirteen alternative restoration proposals were considered, including; 
a No Action alternative, the on-Site in-kind restoration specified in 
the 1992 Consent Judgment, and 11 off-Site, in-kind projects. The 
trustees comparatively evaluated each of the proposed alternatives 
based on seven additional selection criteria: effectiveness, 
protectiveness, technical feasibility, cross-benefits, collateral 
effects, consistency, and cost considerations. Details of the 
alternative analysis can be found in section 2.2.2.2. of the Draft 
Restoration Plan and Environmental Assessment.
    Below is a description of the preferred restoration alternative 
selected by the Trustees--the Bar Beach Lagoon project. If this 
proposed project becomes final, the Trustees and the PPG will modify 
the 1992 Consent Judgment to specify that this off-Site project will be 
conducted in lieu of the on-Site restoration project specified in the 
1992 Consent Judgment.
    The Bar Beach Lagoon project area is located in the Town of North 
Hempstead, on municipal land. The proposed project area is located 
across from the Site on the western shore of Hempstead Harbor and 
immediately east of West Shore Road in Port Washington, New York. The 
proposed restoration site is a 5 +/- acre tidal cove situated within 
Bar Beach, a park owned by the Town of North Hempstead. The proposed 
project area consists of a mosaic of intertidal mudflat, sandflat, 
patchy low saltmarsh dominated by smooth cordgrass, and shellfish beds 
dominated by ribbed mussel and American oyster. Localized habitat loss 
and disturbances have degraded the habitat and adversely affected the 
full functioning of the saltmarsh.
    The Bar Beach Lagoon restoration project will consist of several 
components. Restoration tasks, listed in order of decreasing 
significance as determined by the Trustees, will likely include: 
saltmarsh restoration, coastal shoreline restoration, phragmites 
removal or control, and erosion control through the retrofitting of a 
culvert. Priorities may change upon input from the contractor selected 
to design and oversee the project.
    The Bar Beach Lagoon project would improve fish, bird, and 
shellfish habitat, enhance the detrital export functioning of this 
tidal community, and provide an opportunity for the public to enjoy 
this ecosystem due to its proximity to the North Hempstead Trail. 
Expected improvements include increased vegetative cover derived 
directly from plantings (approximately  0.5 acre) and indirectly from 
site enhancement. The latter could augment the density and coverage of 
the existing saltmarsh (approximately 2 acres). Amelioration of 
substrate conditions (i.e., reduced erosion, reduced freshwater input) 
should increase the spatial coverage and/or density of Spartina over 
current conditions by fostering natural colonization. Habitat quality 
will improve due to increases in vegetative cover and structural 
complexity, thereby benefitting macroinvertebrates, fish and birds. 
Details of the project design can be found in section 3.2 of the Draft 
Restoration Plan and Environmental Assessment.
    The PPG would be primarily responsible for implementing the 
project. As noted above, the PPG's liability under the terms of the 
Consent Judgment is limited to $50,000. However, the PPG has recently 
agreed to pay for the restoration design for the Bar Beach Lagoon 
project, in addition to their $50,000 liability. The Town of North 
Hempstead will provide additional funding, goods and services. The Town 
of North Hempstead recently received a NOAA/NMFS Community Outreach 
grant to partner with the Trustees and the PPG on the Bar Beach Lagoon 
restoration project. The additional funding and services the Town of 
North Hempstead will provide are valued at approximately $59,896. The 
Long Island Wetland Restoration Initiative Group may also contribute to 
the project by assisting with the mechanical or physical removal of 
phragmites, also known as common reed (an invasive and undesirable 
plant) pro bono.
    The Trustees are seeking public comment on their: (1) Decision to 
shift from an on-Site, in-kind restoration project to an off-Site, in-
kind restoration project, (2) evaluation of various restoration 
alternatives, and (3) selection of the Bar Beach Lagoon project as the 
preferred restoration alternative. All comments received on the Draft 
Plan will be considered and a response will be provided either through 
revision of this Draft Plan and incorporation into the Final 
Restoration Plan or by letter to the commentor once the comment period 
has ended. A Final Restoration Plan will then be published.

    Authority: 42 U.S.C. 4321 et seq. and 9601 et seq.


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    Dated: November 1, 2001.
Jamison S. Hawkins,
Deputy Assistant Administrator for Ocean Services and Coastal Zone 
Management.
[FR Doc. 01-28216 Filed 11-8-01; 8:45 am]
BILLING CODE 3510-JE-P