[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Notices]
[Pages 36125-36126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15843]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree and Release of Draft
Restoration Plan Under The Comprehensive Environmental Response,
Compensation, and Liability Act
On July 18, 2019, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Middle
District of North Carolina in the lawsuit entitled United States, the
State of North Carolina, and the Commonwealth of Virginia v. Duke
Energy Carolinas, LLC, Civil Action No. 1:19-cv-00707.
The settlement resolves civil claims by the United States, the
State of North Carolina, and the Commonwealth of Virginia (collectively
the ``Trustees'') against Duke Energy Carolinas, LLC (``Duke Energy'')
under the Comprehensive Environmental Response, Compensation, and
Liability Act (``CERCLA'') for injury to, impairment of, destruction
of, and loss of use of natural resources in the Dan River in North
Carolina and Virginia as a result of a coal ash spill from Duke
Energy's Dan River Steam Station near Eden, Rockingham County, North
Carolina on February 2, 2014 (the ``Release). Under the proposed
Consent
[[Page 36126]]
Decree, Duke Energy will restore, replace, rehabilitate, or acquire the
equivalent of those resources injured by the Release and compensate the
public for lost recreational opportunities, as proposed in the draft
Restoration Plan. In addition, Duke Energy agrees to pay $57,310 to the
Trustees for restoration planning and oversight costs. Duke Energy will
receive from the Trustees a covenant not to sue for natural resource
damages under CERCLA, the Clean Water Act, and applicable state law.
In accordance with CERCLA, the Trustees have also written a draft
Restoration Plan that describes proposed alternatives for restoring the
natural resources and natural resource services injured by the Release.
The four preferred restoration alternatives selected by the Trustees in
the draft Restoration Plan are: (1) Abreu Grogan Park improvements; (2)
establishment of public boat launch facilities on the Dan River; (3)
Pigg River Power Dam removal (benefiting the endangered Roanoke
logperch); and (4) Mayo River land conservation. These are the same
projects that Duke Energy agrees to perform in the Consent Decree.
The publication of this notice opens a period for public comment on
the proposed Consent Decree and draft Restoration Plan. Comments on the
proposed Consent Decree should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, and should refer
to United States, the State of North Carolina, and the Commonwealth of
Virginia v. Duke Energy Carolinas, LLC, D.J. Ref. No. 90-5-1-1-11057/2.
All comments must be submitted no later than forty-five (45) days after
the publication date of this notice. Comments 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].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Consent Decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $39.50 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the exhibits and signature pages, the cost is $9.75.
Comments on the draft Restoration Plan may be submitted to the
Trustees either by email or by mail:
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To submit comments: Send them to:
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By email............................ [email protected] [email protected].
By mail............................. USFWS Virginia Field Office, 6669
Short Lane, Gloucester, VA 23061,
Attn: Dan River Restoration Plan.
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All comments must be submitted no later than forty-five (45) days
after the publication date of this notice. During the public comment
period, a copy of the draft Restoration Plan will be available
electronically at https://www.cerc.usgs.gov/orda_docs/CaseDetails?ID=984. A copy of the draft Restoration Plan may also be
examined at the Virginia Ecological Services Field Office. Arrangements
to view the documents must be made in advance by contacting Susan
Lingenfelser at (804) 824-2415.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-15843 Filed 7-25-19; 8:45 am]
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