Notice of Availability of Revised Draft Restoration Plan and Environmental Assessment for the Applied Environmental Services (Shore Realty) Superfund Site
[Federal Register: August 7, 2002 (Volume 67, Number 152)]
[Notices]
[Page 51231-51234]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au02-54]
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DEPARTMENT OF COMMERCE
Notice of Availability of Revised Draft Restoration Plan and
Environmental Assessment for the Applied Environmental Services (Shore
Realty) Superfund Site
AGENCY: National Oceanic and Atmospheric Administration, Department of
Commerce
ACTION: Notice of availability; request for comments.
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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA), of
the U.S. Department of Commerce, hereby gives notice of the
availability of the Revised Draft Restoration Plan and Environmental
Assessment for the Applied Environmental Services (Shore Realty)
Superfund Site for public review. NOAA, the U.S. Fish and Wildlife
Service (USFWS), of the U.S. Department of the Interior (DOI), and the
State of New York (New York), share trusteeship authority over natural
resources adversely affected by releases of hazardous substances from
the Shore Realty Superfund Site (the Site) and are collectively
referred to as the Natural Resource Trustees (the Trustees) for the
Site. NOAA, the lead administrative Trustee, in consultation with the
USFWS and New York, prepared this Revised Draft Restoration Plan and
Environmental Assessment (Revised Draft RP/EA).
The original Draft RP/EA was published in the Federal Register on
November 9, 2001 and a 30-day public notice and comment period was
provided. See Federal Register, Volume 66, Number 218. No public
comments were received. The primary difference between this Revised
Draft RP/EA and the original Draft RP/EA is that the Trustees now
propose to use all or part of an additional $50,000 in natural
resources damages which was paid to the Federal Trustees by the
Performing Parties Group (an entity composed of cooperating past and
current owners, operators and generators who share liability for the
releases from the Site, hereinafter referred to as ``the PPG''), and
set it aside to be used for off-site, compensatory restoration, to
supplement the preferred restoration alternative--the North Hempstead
Bar Beach Lagoon Project.
The public is invited to submit written comments on this Revised
Draft RP/EA to the Trustees. Any and all written comments received on
or before August 22, 2002 will be considered. The Trustees will respond
to any comments received through revision of this Revised Draft RP/EA,
incorporation into the Final Restoration Plan, or by letter to the
commentor, after the close of the comment period. The Final Restoration
Plan will then be published.
DATES: The Trustees will accept written comments on the Revised Draft
Restoration Plan and Environmental Assessment through August 22, 2002.
ADDRESSES: A copy of this Revised Draft Restoration Plan and
Environmental Assessment is available for review during office hours at
the following locations: (1) Michelle Schimel, Town Clerk, Town of
North Hempstead, 200 Plandome Road, Manhassett, NY 11030 (516-869-
7646); (2) EPA Administrative Records Office, 290 Broadway, 18th Floor,
New York, NY 10007 (212-637-4308); (3) Bryant Library, 2 Paper Mill
Road, Roslyn, NY (516-621-2240); (4) Port Washington Library,
Manorhaven Blvd., Port Washington (515-883-4400); (5) Lisa Holst, Long
Island Sound Study Habitat Restoration, NYSDEC Bureau of Marine
Resources, 205 North Belle Meade Road, Suite 1, East Setauket, NY (631-
444-0469); (6) Steve Sanford , NYSDEC, Division of Fish, Wildlife, and
Marine Resources, 625 Broadway, Albany, NY (518-402-8997). It is also
available on NOAA's web page (http://response.restoration.noaa.gov/cpr/
library/publications.html) 
or through a link on USFWS's
web page (http://contaminants.fws.gov/Issues/Restoration.cfm).
NOAA will accept written comments addressed to: Lisa Rosman, NOAA/CPRD,
via fax to 212-637-4207 or email at lisa.rosman@noaa.gov.
[[Page 51232]]
FOR FURTHER INFORMATION CONTACT: Lisa Rosman, NOAA Coastal Resource
Coordinator, at 212-637-3259.
SUPPLEMENTARY INFORMATION:
I. Background
The Applied Environmental Services Superfund Site (the Site), also
known as the Shore Realty Superfund Site, is a 3.2 acre area located in
Glenwood Landing, Nassau County, New York. Part of the Site is a
peninsula surrounded by the waters of Motts Cove and Hempstead Harbor,
located off of Long Island Sound. The Site was first used to store
petroleum products in 1939. Subsequently, the Site was used for the
distribution and storage of chemical solvents and the operation of a
hazardous waste facility. Beginning in 1974, numerous organic chemical
spills were reported to have occurred, including a 1978 spill of about
3,000 gallons of toluene. Several hazardous substances and materials,
as defined by the U.S. Environmental Protection Agency (USEPA), and
listed at 40 CFR 302.4, in accordance with Section 102(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), contaminated the soil, groundwater, surface water, sediment,
and air of the Site, including toluene, xylene, ethylbenzene,
naphthalene, phthalates, and polychlorinated biphenlys (PCBs). See, 40
CFR 302.4. and 42 U.S.C. 9602. In accordance with Section 105 of
CERCLA, the USEPA placed the Site on the National Priorities List in
June, 1986. See 42 U.S.C. 9605(8)(B) and 40 CFR 300, Appendix B.
In 1991, the USEPA issued a Record of Decision (ROD) for the Site.
The selected remedy for the site included: active venting, by vacuum
extraction, of contaminated soils; collection of contaminated
groundwater and treatment by air-stripping; re-injection of treated
groundwater, nutrients, and a chemical source of oxygen, to stimulate
natural remediation of groundwater and saturated soils; and treatment
of contaminant-laden vapors. The treatment plant has been operating
since July of 1995 and will continue operation until site sampling data
and analysis show that the performance standards set forth in the ROD
are met. The performance standards include: reduction of concentrations
of benzene, methylene chloride, and organic contaminants in soils to
conformity with applicable state and Federal standards; reduction of
contaminants in groundwater to levels equal to or less than the
groundwater standards for the State of New York; indirect remediation
of Site sediments by treating contamination in other Site media (soils
and groundwater) which serve as the source of contaminants to the
sediments; elimination of exceedance of ambient air standards over the
mudflats of the Site; and elimination of sheen on surface waters to
comply with applicable surface water standards.
Under CERCLA, owners and operators of facilities where hazardous
wastes were located, and those who generated or transported the
hazardous substances, are liable for response costs and damages for
``injury to, destruction of, or loss of natural resources,'' including
the reasonable costs of assessing those natural resource damages (42
U.S.C. 9607(a)). The President of the United States, and the Governor
of each state whose resources have been affected by releases from a
Site, have the authority to ``act on behalf of the public as trustees
of such natural resources to recover such damages.'' (See 42 U.S.C.
9607(F)(1).) In accordance with CERCLA, the President delegated this
Trustee authority to the U.S. Department of Commerce (DOC), and the
U.S. Department of the Interior (DOI) (42 U.S.C. 9607(f)(2)). The
Secretary of Commerce delegated DOC Trustee authority to the National
Oceanic and Atmospheric Administration (NOAA). The Secretary of the
Interior delegated DOI Trustee authority to the U.S. Fish and Wildlife
Service (USFWS).
The Site is located in Glenwood Landing, Nassau County, New York.
Therefore, the Federal Trustees, NOAA and the USFWS, share Trustee
authority with the State of New York. The Governor of New York
delegated Trustee authority to the New York State Department of
Environmental Conservation (NYSDEC).
NYSDEC, NOAA, and the USFWS cooperatively serve as the Natural
Resource Trustees (the Trustees) for the natural resources affected by
releases of hazardous substances at, or from, the Site. The Trustees
are responsible for recovering damages for ``injury to, loss of, or
destruction of natural resources.'' (See 42 U.S.C. 9607 (f)(1). ) The
Trustees must use any recovered funds to ``restore, replace, or acquire
the equivalent of `` the natural resources that have been injured by a
release of a hazardous substance (42 U.S.C. 9607 (f)(1)). Approximately
2 to 3 acres of mudflat and saltmarsh cordgrass (Spartina alterniflora)
were severely impacted as a result of hazardous releases at and from
the Site. The Trustees are in the process of selecting a restoration
project to address natural resource injuries and ecological service
losses which resulted from the release of hazardous substances from the
Site.
In 1992, the United States, the State of New York, and the
Performing Parties Group (an entity composed of cooperating past and
current owners, operators and generators who share liability for the
releases from the Site, hereinafter referred to as ``the PPG'') entered
into a Consent Judgment settling the liability of the responsible
parties under CERCLA for response costs, natural resource damages, and
the costs of assessing those damages related to the Site.
Section X of the 1992 Consent Judgment specifically requires the
PPG to restore saltmarsh in the mudflats to the east and south of the
Site, in Hempstead Harbor and Motts Cove, after it is determined that
`` * * * discharges to the shoreline and mud flats adjacent to the Site
have been sufficiently abated by the remedial program.'' The Consent
Judgment specifies that the PPG must plant saltmarsh grasses (e.g.,
Spartina alterniflora, S. patens, and/or Distichlis spicata) in these
areas and may also need to regrade the sediments. If the initial
plantings are unsuccessful, the PPG would be required to plant more
halophytic grasses to ensure that the vegetation is sustainable and
able to support biota, including marine and/or estuarine fish and
invertebrate species. However, the Consent Judgment does not require
the PPG to physically alter the mudflats (e.g., alter the elevation) to
achieve optimal survival of the saltmarsh grasses over the broadest
area. The PPG's monetary liability for performance of the on-site
restoration is limited to $50,000. The PPG is also required to remit to
the Trustees the sum of $60,000 for ``the design and implementation of
a post-planting monitoring program,'' to determine the functional
success of the wetlands restoration.
The Trustees have determined, and the PPG agrees, that the
restoration actions due to be implemented in areas of the Hempstead
Harbor inlet and Motts Cove adjacent to the Site, should be relocated
off-Site. The parties have concerns regarding the potential success of
on-site restoration, which are unrelated to historical releases of
hazardous substances from the Site.
Two major factors have led to this determination. First, there are
a number of nearby sources of pollution and debris that impact the
original on-site restoration areas. Storm water runoff, from storm
water culverts draining the adjacent county road and upgradient areas
east of the Site, directly impacts the Hempstead Harbor inlet (the
inlet) and Motts Cove. The inlet is a natural
[[Page 51233]]
collection point for trash and other floating debris in the Harbor. The
inlet is not protected from wave action caused by marine traffic and
storm events, and is also vulnerable to erosion events. The Motts Cove
marsh area is adjacent to a boat marina, and is also a natural
collection point for trash and other debris of various sizes, some of
which is not readily removable (e.g., large concrete-based dock). The
inlet and Motts Cove are subject to trespassing and potential
incidental dumping. Second, and of greatest concern to the Trustees and
the PPG, the current water levels in the areas of Hempstead Harbor and
Motts Cove adjoining the Site do not provide optimum conditions for the
long-term survival of a saltmarsh community. Water depths on the
Hempstead Harbor side (in the inlet) exceed those required for
successful growth of Spartina for a substantial part of the area
originally set aside for restoration. All of these factors would reduce
the efficacy and acreage of S. alterniflora marsh ultimately restored
in the areas. Likewise, the ecological services provided from such a
restoration would be less than, or substantially different from, those
originally envisioned.
Therefore, the Trustees have decided to seek an alternate
restoration project/location to ensure that natural resources and the
ecological services they provide are satisfactorily restored. This
decision was made for the reasons discussed above, the restrictions set
forth in Paragraph X.1. of the Consent Judgment, and the added costs to
implement the activities (i.e., debris removal, excavation, fill to
grade etc.) that would be required for successful on-Site restoration,
but are not required under the terms of the original Consent Judgment.
As noted above, under the terms of the 1992 Consent Judgment, the PPG
is not required to alter the elevation of the mudflats in order to make
the area more suitable for salt marsh grasses, and the costs of
altering the elevation would far exceed the PPG's $50,000 liability
limit.
In lieu of conducting the restoration actions called for in the
Consent Judgment, the Trustees and the PPG have explored other
restoration options available in the vicinity of the Site. These
options have a high probability of success and would produce ecological
benefits at least equivalent to those derived from the restoration
project presently required in the Consent Judgment. The PPG has
indicated its desire to perform an alternative off-Site project for a
cost not to exceed $50,000 (the PPG's maximum liability as specified in
the original Consent Judgment). In addition, the PPG participated in
the identification and review of potential restoration alternatives,
and has agreed to fund the designs costs for the preferred restoration
project. The PPG has also agreed to replace a deteriorating bulkhead at
the site in order to further remediation efforts.
II. Explanation for a Revised Draft Restoration Plan/Environmental
Assessment
The Trustees released a Draft Restoration Plan/Environmental
Assessment for the Applied Environmental Services (aka Shore Realty)
Site in June 2001. The project and document availability were announced
in the Federal Register Vol. 66, No. 218, Nov 9, 2001. No comments were
received. This Revised Draft RP/EA primarily differs from the June 2001
version in that the Trustees would like to use all or part of the
$50,000 natural resource damage settlement paid to the Federal Trustees
for an off-Site enhancement project at the preferred restoration
project location. It also reflects the subsequent availability of a
draft design document and a draft monitoring plan. Sections updated
include site selection, project design, project monitoring and Coastal
Zone Management Act.
III. Restoration Alternatives Considered and the Preferred
Restoration Project Selected by the Natural Resource Trustees
The Trustees identified three desired characteristics for potential
projects: (1) the habitat proposed to be restored must be similar in
type to the habitat that was impacted, and potentially provide similar
service; (2) the project must be in the same watershed as the impacted
wetland; and, (3) the project must provide long-term or perpetual
benefits to the impacted resources, including fish and wildlife.
Thirteen alternative restoration proposals were considered, including:
a No Action alternative, the on-Site, in-kind Restoration specified in
the 1992 Consent Judgment, and eleven off-Site, in-kind projects. The
Trustees comparatively evaluated each of the proposed alternatives
based on seven additional selection criteria: effectiveness,
protectiveness, technical feasibility, cross-benefits, collateral
effects, consistency, and cost considerations. Details of the
alternative analysis can be found in Section 2.2.2.2. of the Draft
Restoration Plan and Environmental Assessment.
Below is a description of the preferred restoration alternative
selected by the Trustees: the North Hempstead Bar Beach Lagoon Project.
If this proposed project becomes final, the Trustees and the PPG will
modify the 1992 Consent Judgment to specify that this off-Site project
will be conducted in lieu of the on-Site restoration project specified
in the 1992 Consent Judgment.
The North Hempstead Bar Beach Lagoon Project would be located in
the Town of North Hempstead, on municipal land. The proposed project
area is located across from the Site on the western shore of Hempstead
Harbor and immediately east of West Shore Road in Port Washington, New
York. The proposed restoration site is a
5 +/-acre tidal cove situated within Bar Beach, a park owned by the
Town of North Hempstead. The proposed project area consists of a mosaic
of intertidal mudflat, sandflat, patchy low saltmarsh dominated by
smooth cordgrass, and shellfish beds dominated by ribbed mussel and
American oyster. Localized habitat loss and disturbances have degraded
the habitat and adversely affected the full functioning of the
saltmarsh.
The North Hempstead Bar Beach Lagoon Project will consist of
several restoration components. Restoration tasks, listed in order of
decreasing significance as determined by the Trustees, will likely
include: Saltmarsh restoration, coastal shoreline restoration,
Phragmites removal or control, and erosion control through the
retrofitting of a culvert. Priorities may change upon input from the
contractor selected to design and oversee the project.
The North Hempstead Bar Beach Lagoon Project would improve fish,
bird, and shellfish habitat, enhance the detrital export functioning of
this tidal community, and provide an opportunity for the public to
enjoy this ecosystem due to its proximity to the North Hempstead Trail.
Expected improvements include increased vegetative cover derived
directly from plantings (approximately 0.6 acre) and indirectly from
site enhancement. The latter could augment the density and coverage of
the existing saltmarsh (approximately 2 acres). Amelioration of
substrate conditions (i.e., reduced erosion, reduced freshwater input)
should increase the spatial coverage and/or density of Spartina over
current conditions by fostering natural colonization. Habitat quality
will improve due to increases in vegetative cover and structural
complexity, thereby benefitting macroinvertebrates, fish and birds.
Details of the project design can be found in Section 3.2 of the Draft
Restoration Plan and Environmental Assessment.
[[Page 51234]]
The PPG would be primarily responsible for implementing the
project. As noted above, the PPG's liability under the terms of the
Consent Judgment is limited to $50,000. The available settlement funds
would not be sufficient to address all of the ecological and
anthropogenic challenges facing the proposed restoration area.
Therefore, the Trustees, the PPG, and the Town of North Hempstead are
working cooperatively with each other, and various nonprofit groups, to
provide for the funding and implementation of additional projects in
the same lagoon which will be conducted with, or complementary to, the
North Hempstead Bar Beach Lagoon Project. The PPG has volunteered to
pay for the restoration design for the North Hempstead Bar Beach Lagoon
Project, in addition to their original $50,000 liability. The Town of
North Hempstead has agreed to provide additional funding, goods, and
services valued at approximately $59,896. The Town of North Hempstead
received a NOAA/NMFS Community Outreach Grant of matching funds to
partner with the Trustees and the PPG on the project. The Long Island
Wetland Restoration Initiative Group and/or Ducks Unlimited may also
contribute to the project or implement complementary projects. This
synergy of projects will confer a greater ecological benefit to the
natural resources and to the public in a highly cost-efficient manner.
Under the terms of the Consent Judgment entered into in 1992, the
PPG also paid $50,000 to the Federal Trustees to compensate for ``past
injury to, destruction of, or loss of, natural resources,'' for the
said purpose of ``restoring, replacing or acquiring the equivalent of
the affected natural resources' at an off-Site location. The Trustees
now propose to use all or part of this $50,000 which was set aside for
off-Site, compensatory restoration to supplement the budget for the
preferred restoration alternative, the North Hempstead Bar Beach Lagoon
Project.
The Trustees invite the public to comment on this Revised Draft RP/
EA. All comments received on the Revised Draft RP/EA will be
considered. The Trustees will respond to any comments received either
through revision of this Revised Draft RP/EA, incorporation into the
Final Restoration Plan, or by letter to the commentor once the comment
period has ended. The Final Restoration Plan will then be published.
This notice does not contain a collection-of-information
requirement subject to the Paperwork Reduction Act.
Authority: 42 U.S.C. 4321 et seq. and 42 U.S.C. 9601 et seq.
Dated: July 31, 2002.
Jamison S. Hawkins,
Deputy Assistant Administrator for Ocean Services and Coastal Zone
Management.
[FR Doc. 02-19972 Filed 8-6-02; 8:45 am]
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