[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Notices]
[Page 89900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29792]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE808


Record of Decision for the Kalamazoo River Natural Resources 
Damage Assessment: Final Restoration Plan and Programmatic 
Environmental Impact Statement

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of a Record of Decision.

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SUMMARY: The NOAA National Marine Fisheries Service (NMFS) announces 
the availability of the Record of Decision (ROD) for the Kalamazoo 
River Natural Resources Damage Assessment: Final Restoration Plan and 
Programmatic Environmental Impact Statement (PEIS). The NMFS Office of 
Habitat Conservation Director signed the ROD on November 29, 2016, 
which constitutes the agency's final decision.

ADDRESSES: Patricia A. Montanio, Director, Office of Habitat 
Conservation, National Oceanic and Atmospheric Administration, 1315 
East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Julie Sims, NOAA Restoration Center, 
4840 South State Road, Ann Arbor, Michigan 48108-9719.

SUPPLEMENTARY INFORMATION: The Kalamazoo River Trustees prepared the 
Final Restoration Plan and Programmatic Environmental Impact Statement 
for Restoration Resulting from the Kalamazoo River Natural Resource 
Damage Assessment (Final RP/PEIS). The RP/PEIS was prepared under the 
authority of Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) of 1980 and was also developed to comply with 
the Federal agency decision-making requirements of the National 
Environmental Policy Act of 1969 (NEPA) and NOAA's environmental review 
procedures (NOAA Administrative Order 216-6, as preserved by NAO 216-
6A). The document was designed to solicit public opinion on a proposed 
restoration program for the Kalamazoo River natural resource damage 
assessment (NRDA). This ROD documents the Trustees' decision to select 
Alternative C and conduct restoration within the Kalamazoo River 
watershed (described in the RP/PEIS in Section 3.2.3). This alternative 
would consist of a mixture of aquatic habitat restoration, riparian and 
wetland habitat restoration, dam removal for river and fish passage 
restoration, and habitat conservation actions in the Kalamazoo River 
watershed, including potential projects in tributaries. Through this 
alternative, the Trustees could conduct restoration actions in 
locations that have not been affected by PCBs, including projects in 
tributaries other than Portage Creek, and in remediated areas that were 
previously contaminated with PCBs. This alternative also includes the 
two specific projects to restore aquatic connectivity on the Kalamazoo 
River by removing dams in and near Otsego, Michigan. The Trustees 
selected this alternative since it allows the most flexibility to meet 
the Trustees' restoration objectives, both in terms of geographic 
location and timing. The scale of restoration activity that will be 
implemented by the Trustees under the RP/PEIS will depend upon the 
resolution of natural resource damage claims with the parties 
responsible for poly-chlorinated biphenyl releases. Under CERCLA, 
settlements received by the Trustees, either through negotiated or 
adjudicated processes, must be used to restore, rehabilitate, replace, 
and/or acquire the equivalent of those natural resources that have been 
injured. The Final RP/PEIS will guide future Trustee decision-making 
regarding the expenditure of settlements and the implementation of 
restoration activities.
    The NOAA RC is not soliciting comments on the PEIS but will 
consider any comments submitted that would assist us in preparing 
future NEPA documents. An electronic copy of the PEIS is available at: 
https://darrp.noaa.gov/sites/default/files/case-documents/Final_Restoration_Plan_and_Programmatic_Environmental_Impact_Statement_for_Restoration_Resulting_from_the_Kalamazoo_River_Natural_Resource_Damage_Assessment.pdf. Electronic correspondence regarding it can be 
submitted to [email protected]. Otherwise, please submit any 
written comments via U.S. mail to the responsible official named in the 
ADDRESSES section.

    Dated: December 7, 2016.
Carrie Selberg,
Deputy Director, Office of Habitat Conservation, National Marine 
Fisheries Service.
[FR Doc. 2016-29792 Filed 12-12-16; 8:45 am]
 BILLING CODE 3510-22-P