[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12915-12918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04355]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA839]


Notice of Availability of the Deepwater Horizon Oil Spill 
Louisiana Trustee Implementation Group Draft Phase II Restoration Plan: 
#3.2: Mid-Barataria Sediment Diversion

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability; request for comments.

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SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the 
National Environmental Policy Act (NEPA), and a Consent Decree with BP 
Exploration & Production Inc. (BP),\1\ the Deepwater Horizon (DWH) 
Federal and state natural resource trustee agencies for the Louisiana 
Trustee Implementation Group (Louisiana TIG) have prepared a Draft 
Phase II Restoration Plan 3.2 (Draft Phase II RP #3.2). The Draft Phase 
II RP #3.2 describes and proposes restoration project alternatives 
considered by the Louisiana TIG to restore natural resources and 
ecological services injured or lost as a result of the DWH oil spill. 
The Louisiana TIG evaluated these alternatives under criteria set forth 
in the OPA natural resource damage assessment regulations. In 
accordance with NEPA the environmental consequences of the restoration 
alternatives are evaluated in the associated U.S. Army Corps of 
Engineers, New Orleans District (USACE CEMVN) Draft Environmental 
Impact Statement for the Proposed Mid Barataria Sediment Diversion 
Project, Plaquemines and Jefferson Parishes \2\ (MBSD DEIS) to which 
the Louisiana TIG Federal Trustees are cooperating agencies. The 
purpose of this notice is to inform the public of the availability of 
the Draft Phase II RP #3.2 and to seek public comments on the document.
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    \1\ Consent Decree among Defendant BP Exploration & Production 
Inc. (``BPXP''), the United States of America, and the States of 
Alabama, Florida, Louisiana, Mississippi, and Texas entered in In 
re: Oil Spill by the Oil Rig ``Deepwater Horizon'' in the Gulf of 
Mexico, on April 20, 2010, MDL No. 2179 in the United States 
District Court for the Eastern District of Louisiana.
    \2\ The USACE CEMVN EIS Mid-Barataria Sediment Diversion project 
web page is accessible here: http://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Barataria-Sediment-Diversion-EIS/ EIS/.

DATES: Submitting Comments: The Louisiana TIG will consider public 
comments received on or before May 4, 2021.
    Virtual Public Meetings: Due to continuing COVID-19 limitations on 
gatherings of groups, the Louisiana TIG will co-host three virtual 
public meetings with the USACE CEMVN on the following dates:

1.April 6, 2021, 9 a.m. CDT
2. April 7, 2021, 1 p.m. CDT
3. April 8, 2021, 6 p.m. CDT

ADDRESSES: Obtaining Documents: You may download the Draft Phase II RP 
#3.2 at: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana. The associated MBSD DEIS may be downloaded at: http://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Barataria-Sediment-Diversion-EIS/.
    Submitting Comments: You may submit comments on the Draft Phase II 
RP #3.2 and the associated MBSD DEIS by the following methods:
    <bullet> Via the Web: https://parkplanning.nps.gov/MBSD;
    <bullet> Via U.S. Mail: U.S. Army Corps of Engineers, New Orleans 
District, Attn: CEMVN-OD-SE, MVN-2012-2806-EOO, 7400 Leake Avenue, New 
Orleans, LA 70118. Please note that mailed comments must be postmarked 
on or before the comment deadline of 60 days following publication of 
this notice to be considered; or
    <bullet> During the virtual public meetings: Comments may be 
provided during the webinar. Webinar information is provided below in 
SUPPLEMENTARY INFORMATION.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    You only need to submit your comment via one of these methods. All 
comments submitted will be reviewed by both the Louisiana TIG and 
CEMVN. All comments made during the comment period time-frame as 
described above will become part of the record.

FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric 
Administration--Mel Landry, NOAA Restoration Center, (310) 427-8711, 
<a href="/cdn-cgi/l/email-protection#96f1e3faf0e5e6fffafab8e4f3e5e2f9e4f7e2fff9f8d6f8f9f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="d7b0a2bbb1a4a7bebbbbf9a5b2a4a3b8a5b6a3beb8b997b9b8b6b6f9b0b8a1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Introduction

    On April 20, 2010, the mobile offshore drilling unit DWH, which was 
being used to drill a well for BP, in the Macondo prospect (Mississippi 
Canyon 252-MC252), experienced a significant explosion, fire, and 
subsequent sinking in the Gulf of Mexico, resulting in an unprecedented 
volume of oil and other discharges from the rig and from the wellhead 
on the seabed. The DWH oil spill is the largest off shore oil spill in 
U.S. history, discharging millions of barrels of oil over a period of 
87 days. In addition, well over one million gallons of dispersants were 
applied to the waters of the spill area in an attempt to disperse the 
spilled oil. An undetermined amount of natural gas was also released 
into the environment as a result of the spill.
    The DWH Federal and State natural resource trustees (DWH Trustees) 
conducted the natural resource damage assessment (NRDA) for the DWH oil 
spill under OPA (33 U.S.C. 2701 et seq.). Pursuant to OPA, Federal and 
State agencies act as trustees on behalf of the public to assess 
natural resource injuries and losses and to determine the actions

[[Page 12916]]

required to compensate the public for those injuries and losses. OPA 
further instructs the designated trustees to develop and implement a 
plan for the restoration, rehabilitation, replacement, or acquisition 
of the equivalent of the injured natural resources under their 
trusteeship, including the loss of use and services from those 
resources from the time of injury until the time of restoration to 
baseline (the resource quality and conditions that would exist if the 
spill had not occurred) is complete.
    The DWH Trustees are:
    <bullet> U.S. Department of the Interior (DOI), as represented by 
the National Park Service, U.S. Fish and Wildlife Service, and Bureau 
of Land Management;
    <bullet> National Oceanic and Atmospheric Administration (NOAA), on 
behalf of the U.S. Department of Commerce;
    <bullet> U.S. Department of Agriculture (USDA);
    <bullet> U.S. Environmental Protection Agency (EPA);
    <bullet> State of Louisiana Coastal Protection and Restoration 
Authority (CPRA), Oil Spill Coordinator's Office, Department of 
Environmental Quality, Department of Wildlife and Fisheries, and 
Department of Natural Resources;
    <bullet> State of Mississippi Department of Environmental Quality;
    <bullet> State of Alabama Department of Conservation and Natural 
Resources and Geological Survey of Alabama;
    <bullet> State of Florida Department of Environmental Protection 
and Fish and Wildlife Conservation Commission; and
    <bullet> State of Texas: Texas Parks and Wildlife Department, Texas 
General Land Office, and Texas Commission on Environmental Quality.
    The DWH Trustees reached and finalized a settlement of their 
natural resource damage claims with BP in an April 4, 2016, Consent 
Decree approved by the United States District Court for the Eastern 
District of Louisiana. Pursuant to that Consent Decree, restoration 
projects in the Louisiana Restoration Area are selected and implemented 
by the Louisiana TIG. The Louisiana TIG is composed of the following 
Trustees: CPRA; LOSCO; LDEQ; LDWF; LDNR; NOAA; DOI; EPA; and USDA.

Background

    On March 20, 2018, the Louisiana TIG completed its Strategic 
Restoration Plan and Environmental Assessment #3: Restoration of 
Wetlands, Coastal, and Nearshore Habitats in the Barataria Basin, 
Louisiana (SRP/EA #3). In addition to identifying a restoration 
strategy for the Barataria Basin and confirming its 2018 decision to 
move forward with the Spanish Pass Increment of the Barataria Basin 
Ridge and Marsh Creation project, the SRP/EA also advanced a large-
scale sediment diversion for further evaluation and planning in a 
future Phase II restoration plan. Since approval of the SRP/EA #3, the 
Louisiana TIG has been evaluating a variety of potential alternatives 
for this large-scale sediment diversion to meet its purpose: deliver 
freshwater sediment, and nutrients to the Barataria Basin through a 
large-scale sediment diversion from the Mississippi River; reconnect 
and re-establish sustainable deltaic processes between the Mississippi 
River and the Barataria Basin; and create, restore, and sustain 
wetlands and other deltaic habitats and associated ecosystem services. 
Tiering from the SRP/EA #3, the Louisiana TIG is proposing in this 
Phase II RP #3.2 implementation of the Mid Barataria Sediment Diversion 
project.

Overview of the Louisiana TIG Draft Phase II RP #3.2

    The Draft Phase II RP #3.2 is being released in accordance with OPA 
NRDA regulations in 15 CFR part 990, NEPA (42 U.S.C. 4321 et seq.), the 
Consent Decree, and the Final Programmatic Damage Assessment and 
Restoration Plan/Programmatic Environmental Impact Statement. The Draft 
Phase II RP #3.2 focuses on an area (``the Project Area'') on the west 
bank of the Mississippi River at River Mile (RM) 60.7, just north of 
the Town of Ironton; the anticipated outfall area for sediment, 
freshwater, and nutrients conveyed from the river is located within the 
Mid-Barataria Basin. The area of the Proposed MBSD Project and its 
alternatives includes the hydrologic boundaries of the Barataria Basin 
and the western portion of the lower Mississippi River Delta Basin, 
also known as the birdfoot delta. The Mississippi River itself, 
beginning near RM 60.7 and extending to the mouth of the river, is also 
included in the Proposed MBSD Project area. In the Draft Phase II RP 
#3.2, the Louisiana TIG proposes a preferred design alternative for the 
MBSD Project to be funded under the DWH Louisiana Restoration Area 
Wetlands, Coastal and Nearshore Habitats restoration type allocation. 
The preferred alternative (Alternative 1) consists of a controlled 
sediment and freshwater intake diversion structure in Plaquemines 
Parish on the right descending bank of the Mississippi River at RM 
60.7. The preferred alternative would have a maximum diversion flow of 
75,000 cubic feet per second (cfs), which would occur when the 
Mississippi River gauge at Belle Chase reaches 1,000,000 cfs or higher. 
The diversion would operate at up to 5,000 cfs (base flow) when the 
river is below 450,000 cfs at Belle Chase; at river flows above 450,000 
cfs, the diversion would be opened fully. At the downstream end of the 
diversion channel, an engineered area, ``outfall transition feature'' 
would be constructed to guide and disperse the channel flow into the 
Barataria Basin. The preferred alternative is projected to increase 
land area, including emergent wetlands and mudflats, in the Barataria 
Basin across the 50-year analysis period relative to natural recovery, 
with a maximum increase of 17,300 acres in 2050, at the approximate 
mid-point of the 50-year analysis period. The proposed investment by 
the Louisiana TIG for this alternative is approximately $2 billion. 
This cost reflects current cost-estimates developed from the most 
current designs and information available to the Louisiana TIG at the 
time of drafting this restoration plan. Estimated costs reflect all 
costs associated with implementing the Proposed MBSD Project, 
potentially including, but not limited to, revising/finalizing 
engineering and design, permitting, mitigation, land acquisition, 
construction, monitoring and adaptive management, Trustee oversight, 
associated stewardship actions, and contingencies. A portion of the 
engineering and permitting costs has been paid by the National Fish and 
Wildlife Federation's Gulf Environmental Benefit Fund.
    The Louisiana TIG fully evaluated a smaller-capacity diversion with 
a maximum capacity of 50,000 cfs (Alternative 2). The Trustees found 
that such a diversion would provide substantially less benefit in marsh 
preservation and restoration, with only a small reduction in adverse 
impacts and a slight cost reduction.
    The Louisiana TIG also fully evaluated a larger-capacity diversion 
with a maximum capacity of 150,000 cfs (Alternative 3). While the marsh 
creation benefits of such a large diversion would be significantly 
greater, the collateral injuries and cost would also increase to levels 
unacceptable to the Trustees.
    Alternatives 4-6 are similar to Alternatives 1-3, respectively, but 
also would include marsh terrace outfall features. The terraces would 
be chevron or ``v'' shaped, and oriented toward the discharge current 
from the diversion. The marsh terrace features would aid in overall 
sediment retention, would help protect newly deposited sediment from 
erosion, and would be designed to avoid

[[Page 12917]]

interfering with the ability of the basin to receive diversion flows. 
While providing some benefits, the outfall feature alternatives do not 
substantially change the extent to which the corresponding alternatives 
with similar capacity and without terraces meet the Proposed MBSD 
Project's goals and objectives.
    While the Louisiana TIG has rejected the No-Action-Alternative for 
this Draft Phase II RP #3.2, the OPA analysis provided in Chapter 3 
integrates information about the MBSD DEIS No-Action Alternative (40 
CFR 1502.14(c)) because it provides a baseline against which the 
benefits and collateral injuries of the Proposed MBSD Project and its 
alternatives can be compared.
    The Louisiana TIG is committed to continuing efforts to restore the 
resources that would be adversely affected by the diversion, many of 
which were also injured by the DWH oil spill. This Draft Phase II RP 
#3.2 includes proposed strategies to help avoid, minimize, and mitigate 
collateral injuries to these resources. These include proactive 
strategies to address the communities, individuals, and stakeholders 
that rely on the resources that could be harmed by the proposed 
diversion.
    The Louisiana TIG has examined the injuries assessed by the DWH 
Trustees and evaluated restoration alternatives to address the 
injuries. In Draft Phase II RP #3.2, the Louisiana TIG presents to the 
public its draft plan for providing partial compensation to the public 
for injured natural resources and ecological services in the Louisiana 
Restoration Area. The preferred alternative is intended to continue the 
process of using DWH restoration funding to restore natural resources 
injured or lost as a result of the DWH oil spill. Additional 
restoration planning for the Louisiana Restoration Area will continue.
    The Draft Phase II Restoration Plan #3.2 does not include 
integrated NEPA analysis. Under OPA NRDA regulations, Trustees 
typically choose to combine a restoration plan and the required NEPA 
analysis into a single document (33 CFR 990.23(a), (c)(1)). Prior to 
evaluation of the Proposed MBSD Project by the Louisiana TIG as a 
proposed restoration project under OPA, the U.S. Army Corps of 
Engineers (USACE CEMVN) initiated scoping for the MBSD Project EIS, 
which was initiated through a permit application for the project by 
CPRA. In this case, to increase efficiency, reduce redundancy, and be 
consistent with Federal policy and 40 CFR 1506.3, the four Federal 
Trustees in the Louisiana TIG decided to participate as cooperating 
agencies in the development of a single MBSD DEIS. As the lead agency, 
the USACE CEMVN has primary responsibility for preparing the MBSD DEIS 
(40 CFR 1501.5(a)). The Louisiana TIG is relying on the MBSD DEIS to 
evaluate potential environmental effects of the restoration 
alternatives proposed in this Draft Phase II RP #3.2. Adoption of the 
MBSD Final EIS by the Louisiana TIG would be completed upon signature 
of a Record of Decision (ROD). Public review and opportunity to 
comment, and virtual public meetings on both the Draft Phase II RP #3.2 
and the MBSD DEIS are being run concurrently.

Next Steps

    The public is encouraged to review and comment on the Draft Phase 
II RP #3.2 and associated MBSD DEIS. Virtual public meetings are 
scheduled to facilitate the public review and comment process for both 
documents. Each virtual meeting will include a presentation of the 
Draft Phase II RP #3.2 and a presentation of the associated MBSD DEIS. 
Following the presentations, public comment will be taken through the 
virtual meeting platform. Presentation slides, project fact sheets, and 
a recording of the webinar will be posted on the Louisiana TIG website. 
Instructions on how to access the virtual meetings by computer or 
telephone will be provided on the Louisiana TIG's website approximately 
two weeks prior to the first meeting.
    After the public comment period ends, the Louisiana TIG will 
consider and address the comments received before issuing a Final Phase 
II RP #3.2. A summary of comments received and the Louisiana TIG's 
responses and any revisions to the document, as appropriate, will be 
included in the final document. After issuing the Final Phase II RP 
#3.2 and completion of the Final MBSD EIS, the Louisiana TIG 
anticipates preparing a ROD that formally adopts the MBSD Final EIS and 
selects an alternative for implementation.

Additional Access to Materials

    You may request a CD of the Draft Phase II RP #3.2 (see FOR FURTHER 
INFORMATION CONTACT above). Copies of the Draft Phase II RP #3.2 and 
MBSD DEIS are also available for review during the public comment 
period at the following locations:

  Repositories With Paper Copies of the Draft Phase II RP #3.2 and MBSD
                                  DEIS
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            Location                              Address
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Lafitte Library.................  4917 City Park Drive, Lafitte, LA
                                   70067, (504) 689-5097.
West Bank Regional Library......  2751 Manhattan Blvd., Harvey, LA
                                   70058, (504) 364-2660.
East New Orleans Regional         5641 Read Boulevard, New Orleans, LA
 Library.                          70127, (504) 596-0200.
Belle Chasse Library............  8442 Highway 23, Belle Chasse, LA
                                   70037, (504) 394-3570.
Port Sulphur Library............  139 Civic Drive, Port Sulphur, LA
                                   70083, (337) 527-7200.
Buras Library...................  35572 Highway 11, Buras, LA 70041,
                                   (504) 564-0944.
South Lafourche Library.........  16241 East Main Street, Cut Off, LA
                                   70345, (985) 632-7140.
St. Charles Parish Library,       307 Audubon St, Paradis, LA 70080,
 Paradis Branch.                   (985) 758-1868.
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  Repositories With Paper Copies of the Draft Phase II RP #3.2 and MBSD
   DEIS Executive Summary, and Electronic Copies of the MBSD DEIS and
                           Appendices on a USB
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            Location                              Address
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St. Tammany Parish Library......  310 W. 21st Ave., Covington, LA 70433,
                                   (985) 893-6280.
Terrebonne Parish Library.......  151 Library Dr., Houma, LA 70360,
                                   (985) 876-5861.
New Orleans Public Library......  219 Loyola Ave., New Orleans, LA
                                   70112, (504) 596-2570.
East Baton Rouge Parish Library.  7711 Goodwood Blvd., Baton Rouge, LA
                                   70806, (225) 231-3750.
Jefferson Parish Library, East    4747 W. Napoleon Ave., Metairie, LA
 Bank Regional Library.            70001, (504) 838-1190.

[[Page 12918]]

 
St. Bernard Parish Library......  2600 Palmisano Blvd., Chalmette, LA
                                   70043, (504) 279-0448.
St. Martin Parish Library.......  201 Porter St., St. Martinville, LA
                                   70582, (337) 394-2207.
Alex P. Allain Library..........  206 Iberia St., Franklin, LA 70538,
                                   (337) 828-5364.
Vermilion Parish Library........  405 E. Victor St., Abbeville, LA
                                   70510, (337) 893-2674.
Martha Sowell Utley Memorial      705 W. 5th St., Thibodaux, LA 70301,
 Library.                          (985) 447-4119.
Calcasieu Parish Public Library,  301 W. Claude St., Lake Charles, LA
 Central Branch.                   70605, (337) 721-7116.
Iberia Parish Library...........  445 E. Main St., New Iberia, LA 70560,
                                   (337) 364-7024.
LSU Agricultural Center,          1105 West Port St., Abbeville, LA
 Southwest Region.                 70510, (337) 898-4335.
------------------------------------------------------------------------

Translation Opportunities

    Vietnamese and Spanish translation will be available at all 
meetings. All pre-recorded presentations are in English, but are 
available on USACE CEMVN's project web page in English, Vietnamese, and 
Spanish. Anyone requiring translation in other languages should contact 
Ricky Boyett at <a href="/cdn-cgi/l/email-protection#9fedf6fcf4e6b1fbb1fdf0e6faebebdfeaecfefcfab1feedf2e6b1f2f6f3"><span class="__cf_email__" data-cfemail="3b4952585042155f155954425e4f4f7b4e485a585e155a49564215565257">[email protected]</span></a> or 504-862-1524.

Administrative Record

    The documents comprising the Administrative Record for the Draft 
Phase II RP #3.2 can be viewed electronically at http://www.doi.gov/deepwaterhorizon/adminrecord.

Authority

    The authority of this action is the Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.) and its implementing Oil Pollution Act Natural 
Resource Damage Assessment regulations found at 15 CFR part 990 and the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    Dated: February 25, 2021.
Carrie Diane Robinson,
Director, Office of Habitat Conservation, National Marine Fisheries 
Service.
[FR Doc. 2021-04355 Filed 3-4-21; 8:45 am]
BILLING CODE 3510-22-P


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