[Federal Register Volume 67, Number 94 (Wednesday, May 15, 2002)]
[Notices]
[Pages 34674-34675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12075]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Availability of a Draft Restoration Plan and 
Environmental Assessment for the Oil Spill at Pepco's Chalk Point 
Generating Facility, Request for Comments

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.
SUMMARY: The Natural Resource Trustee agencies (Trustees) have written 
a draft Restoration Plan and Environmental Assessment (Draft RP/EA) 
that describes alternatives for restoring natural resource injuries and 
compensating for recreational losses resulting from the April 7, 2000 
oil spill at the Potomac Electric Power Company (Pepco) generating 
facility. This plan was developed cooperatively among the Trustees and 
the responsible parties, Pepco and ST Services (respectively, the owner 
and operator of the pipeline) pursuant to the Natural Resource Damage 
Assessment Regulations, 15 CFR Part 990. See specifically 15 CFR 990.54 
and 990.55. The purpose of this notice is to inform the public of the 
availability of the Draft RP/EA and the opportunity to submit written 
comments on the proposed restoration alternatives.

DATES: Comments on the Draft RP/EA must be submitted in writing on or 
before July 8, 2002.

ADDRESSES: Copies of the Draft RP/EA are available at: (1) Lighthouse 
Point Center, 30383 Three Notch Road, Charlotte Hall, MD (301) 290-
0946, 1-800-685-1266, fax (301) 290-0943, Mon.-Fri. 9 am to 5 pm; (2) 
Information Resource Center, MD Department of Natural Resources, 580 
Taylor Avenue, B-3, Annapolis, MD 21401, (410) 260-8830, fax (410) 260-
8951, Mon.-Fri. 8 am to 4 pm, and (3) www.darp.noaa.gov/neregion/chalkpt.htm.
    Written comments on the draft RP/EA should be submitted to: Jim 
Hoff, National Oceanic and Atmospheric Administration, Damage 
Assessment Center, 1305 East-West Highway, Bldg. 4 Rm. 10218, Silver 
Spring, Maryland 22044. Alternatively, comments may be submitted 
electronically to the following E-mail address: [email protected]. 
All comments received, including names and addresses, will become part 
of the public record.

FOR FURTHER INFORMATION CONTACT: Jim Hoff, National Oceanic and 
Atmospheric Administration, Damage Assessment Center, 1305 East-West 
Highway, Bldg. 4 Rm. 10218, Silver Spring, Maryland 22044.

SUPPLEMENTARY INFORMATION:

Background

    On April 7, 2000, a pipeline ruptured at Pepco's Chalk Point 
generating facility near Benedict, Maryland, spilling roughly 126,000 
gallons of oil into Swanson Creek and the Patuxent River. About 40 
miles of environmentally sensitive downstream creeks and shorelines 
along the Patuxent River were oiled.
    Four government agencies--the National Oceanic and Atmospheric 
Administration, U.S. Fish and Wildlife Service, Maryland Department of 
Natural Resources, and Maryland Department of Environment--are 
responsible for restoring natural resources injured by the spill. These 
agencies act as Trustees on the public's behalf to conduct a natural 
resource damage assessment, a process for determining the nature and 
extent of injuries to natural resources and the restoration actions 
needed to reverse these losses (Oil Pollution Act, 33 U.S.C. 2706(b)).
    The Trustees have reviewed the results of numerous studies and 
consulted with a wide variety of experts in relevant scientific and 
technical disciplines to determine potential injuries resulting from 
the spill. Based on this work, the Trustees have estimated losses to: 
wetlands, fish and shellfish, benthic communities, birds, terrapins and 
recreational uses.
    The Trustees considered numerous restoration alternatives to 
compensate the public for spill-related injuries and restore similar 
types of resources, and the services provided by the resources, that 
were injured by the oil spill (15 CFR 990.54 and 990.55). The Preferred 
Alternatives include:
    (1) Creating tidal marsh and enhancing shoreline beach to address

[[Page 34675]]

injury to wetlands, beach shoreline, and diamondback terrapins. 
Trustees propose to create five to six acres of intertidal marsh 
wetland adjacent to Washington Creek, a tributary of the Patuxent 
River, located south of Chalk Point. This wetland would be similar to 
those impacted by the spill and provide habitat for juvenile fish, 
shellfish, birds, and mammals; improve water quality by filtering 
sediments and other pollutants from the water column; and provide storm 
surge and flood protection. This project also includes creating roughly 
one acre of beach habitat to benefit diamondback terrapins and other 
organisms.
    (2) Acquiring and restoring ruddy duck nesting habitat to address 
injury to ruddy ducks. Trustees propose to restore ruddy duck nesting 
habitat and acquire perpetual protective easements in areas of the 
Prairie Pothole Region of the Midwest. Ruddy ducks breed in wetlands 
located in the Midwest and southern Canada and migrate to the 
Chesapeake Bay to spend the winter. Restoration and protection of their 
nesting habitats would enhance ruddy duck populations in the vicinity 
of the spill.
    (3) Creating an oyster reef sanctuary to address injuries to fish, 
shellfish, benthic communities, and birds and waterfowl. Trustees 
propose to create about five acres of oyster reef sanctuary in the 
Patuxent River to address injuries to fish, shellfish, non-ruddy duck 
birds, and benthic communities. The reef would enhance benthic 
communities, increase aquatic food for fish, birds, and waterfowl, and 
improve water quality by filtering out sediments and pollutants from 
the water column.
    (4) Addressing impacts to recreational opportunities. Trustees 
propose the following alternatives to address the estimated 125,000 
river trips that were affected by the spill: (a) Creating two canoe/
kayak paddle-in campsites on the Patuxent River, one north of Golden 
Beach and one at Milltown Landing; (b) establishing a disabled-
accessible kayak/canoe launch at Greenwell State Park; (c) improving 
recreational opportunities at Maxwell Hall Natural Resource Management 
Area; (d) rebuilding the King's Landing boardwalk and providing canoes 
for a river education program; and (e) building a fishing pier at Cedar 
Haven Park.

Administrative Record

    Pursuant to the Natural Resource Damage Assessment regulations, the 
Trustees have developed an Administrative Record to support their 
restoration planning decisions and inform the public of the basis of 
their decisions (15 CFR 990.45). Additional information and documents, 
including public comments received on the Draft RP/EA, the Final RP/EA, 
and other related restoration planning documents, will also become a 
part of the Administrative Record, and will be submitted to a public 
repository upon their completion.
    The documents comprising the public record (Administrative Record) 
can be viewed at the following locations: (1) Lighthouse Point Center, 
30383 Three Notch Road, Charlotte Hall, MD (301) 290-0946, 1-800-685-
1266, fax (301) 290-0943, Mon.-Fri. 9 am to 5 pm; (2) Information 
Resource Center, MD Dept. of Natural Resources, 580 Taylor Avenue, B-3, 
Annapolis, MD 21401, (410) 260-8830, fax (410) 260-8951, Mon.-Fri. 8 am 
to 4 pm; and (3) and www.darp.noaa.gov/neregion/chalkpt.htm.

    Dated: April 12, 2002.
Jamison S. Hawkins,
Deputy Assistant Administrator for Ocean Services and Coastal Zone 
Management.
[FR Doc. 02-12075 Filed 5-14-02; 8:45 am]
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