[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Notices]
[Page 15500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05595]


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DEPARTMENT OF JUSTICE


Notice of Proposed Settlement Agreement and Draft Restoration 
Plan Under the Comprehensive Environmental Response, Compensation and 
Liability Act and Clean Water Act

    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 its 
Secretary of Natural Resources (collectively ``Trustees''), are 
providing an opportunity for public comment on a proposed Settlement 
Agreement (``Settlement Agreement'') among the Trustees and Nutrien Ag 
Solutions (f/k/a Crop Production Services). The Trustees are also 
providing notice of an opportunity for public comment on a draft 
Restoration Plan (``draft Restoration Plan'').
    The settlement resolves the civil claims of the Trustees against 
Nutrien Ag Solutions (``Nutrien'') arising under their natural resource 
trustee authority under the Comprehensive Environmental Response, 
Compensation, and Liability Act, and applicable state law for injury 
to, impairment of, destruction of, and loss of use of natural resources 
as a result of a July 29, 2017 release of approximately 165 gallons of 
Termix 5301 at or from the Nutrien facility located at 218 Simmons 
Drive in Cloverdale, Virginia (``Release''). The Release occurred when 
a container leaked into a stormwater culvert which discharged into 
Tinker Creek.
    Under the proposed Settlement Agreement, Nutrien agrees to pay 
$385,000 to the DOI Natural Resource Damage Assessment and Restoration 
Fund to be used to 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, Nutrien agrees to pay $40,000 to the 
Trustees for restoration planning and oversight costs. Nutrien will 
receive from the Trustees a covenant not to sue for natural resource 
damages under CERCLA, the Clean Water Act, and applicable state laws.
    In accordance with the CERCLA and the National Environmental Policy 
Act, the Trustees have also written a draft Restoration Plan/
Environmental Assessment that describes proposed alternatives for 
restoring the natural resources and natural resource services injured 
by the Release. The two preferred restoration alternatives selected by 
the Trustees in the draft Plan are (1) Fish Passage Improvements 
through the removal of impediments in Tinker Creek; and (2) 
Recreational Fishing Improvements through one time fish re-stocking and 
hosting a children's fishing day.
    The publication of this notice opens a period for public comment on 
the proposed Settlement Agreement and draft Restoration Plan. Comments 
on the proposed Settlement Agreement should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to the Tinker Creek Release Settlement Agreement, D.J. 
Ref. No. 90-5-1-1-11891. All comments must be submitted no later than 
thirty (30) 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 Settlement Agreement 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 Settlement Agreement 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 $3.00 (25 cents per page 
reproduction cost) payable to the United States Treasury.
    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].
By mail.............................  USFWS Virginia Field Office, 6669
                                       Short Lane, Gloucester, VA 23061,
                                       Attn: Tinker Creek Restoration
                                       Plan.
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    All comments must be submitted no later than thirty (30) 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/DocHandler.ashx?task=get&ID=5859. 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.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-05595 Filed 3-17-20; 8:45 am]
 BILLING CODE 4410-15-P