[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4074-4075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01598]


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DEPARTMENT OF JUSTICE


Notice of Proposed Settlement Agreement for Natural Resource 
Damages Under the Oil Pollution Act of 1990, 33 U.S.C. 2701 et seq. and 
the Clean Water Act, 33 U.S.C. 1251 et seq.

    Notice is hereby given that the United States of America, on behalf 
of the Department of the Interior (``DOI'') acting through the Fish and 
Wildlife Service, and the Commonwealth of Virginia, acting through the 
Virginia Department of Environmental Quality (collectively 
``Trustees''), are providing an opportunity for public comment on a 
proposed Settlement Agreement (``Settlement Agreement'') among DOI, the 
Commonwealth of Virginia, and Kinder Morgan resolving civil claims 
arising from a January 22, 2016 spill of 75,222 gallons of jet fuel A 
at the Kinder Morgan Virginia Liquids Terminal located in Chesapeake, 
Virginia. The Trustees determined that the spill threatened natural 
resources and that

[[Page 4075]]

the release affected or potentially affected migratory birds. Defendant 
Kinder Morgan performed a cooperative assessment with the Trustees and 
the restoration option the Trustees selected was rehabilitation of 
waterfowl impoundments located in the Fish and Wildlife's Back Bay 
National Wildlife Refuge, located in the same flyway as the natural 
resources lost from the release. The Damage Assessment and Restoration 
Plan (``DARP'') was finalized and put out for public comment in 2017 
and no comments were received.
    The proposed settlement provides that Kinder Morgan will pay DOI 
$15,000 to reimburse the costs of the Natural Resource Damage 
Assessment, and $100,000 for the projects to restore natural resources 
as selected in the DARP. In consideration for the payments, the United 
States and Virginia covenant not to sue Defendant for specified civil 
claims arising from the spill.
    The publication of this notice opens a period for public comment on 
the proposed Settlement Agreement. The Trustees will receive comments 
relating to the Settlement Agreement for a period of thirty (30) days 
from the date of this publication. A copy of the proposed Settlement 
Agreement is available electronically at https://www.fws.gov/northeast/virginiafield/index.html. A copy of the proposed Settlement Agreement 
may be examined at the Fish and Wildlife Service Field office located 
in Gloucester, Virginia. Arrangements to view the documents must be 
made in advance by contacting the Environmental Contaminants Biologist 
at 804-824-2415 or email at [email protected]. A copy of the 
Settlement Agreement may also be obtained by mail from:

Mark Barash, Esq., Senior Attorney, Office of the Solicitor of the 
United States, Department of the Interior, 15 State St., 8th Floor, 
Boston, MA 02109-3502

    Please reference: Kinder Morgan Virginia Liquids Terminal LLC 
Settlement Agreement, DOI-SOL-ASA-2017-00201. When requesting a copy of 
the Settlement Agreement please enclose a check in the amount of $2.75 
(25 cents per page reproduction cost) payable to the United States 
Treasury.
    Comments on the proposed Settlement Agreement may be submitted 
either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
                                      Subject: Comment on Kinder Morgan
                                       Settlement Agreement.
By mail.............................  Assistant Solicitor, Environmental
                                       Restoration Branch, Office of the
                                       Solicitor, U.S. Department of the
                                       Interior, 1849 C Street NW,
                                       Washington, DC 20240.
                                      ATTN: Kinder Morgan Settlement
                                       Agreement.
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Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-01598 Filed 1-26-18; 8:45 am]
 BILLING CODE 4410-15-P