Notice of Proposed Settlement Agreement and Draft Restoration Plan Under the Comprehensive Environmental Response, Compensation and Liability Act and Clean Water Act
| Published date | 18 March 2020 |
| Citation | 85 FR 15500 |
| Record Number | 2020-05595 |
| Section | Notices |
| Court | Justice Department |
Federal Register, Volume 85 Issue 53 (Wednesday, March 18, 2020)
[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
