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PUBLIC NOTICE - - - NOTICE OF DAMAGE ASSESSMENT AND RESTORATION PLAN FOR 2014 BAY ST. ELAINE OIL SPILL, 2016 LAKE GRAND ECAILLE OIL SPILL, 2016 BAY LONG OIL SPILL, AND 2016 TERREBONNE BAY/TIMBALIER ISLAND OIL SPILL ACTION: Notice of Availability of a Draft Damage Assessment and Restoration Plan with a 30-day public review and comment period -- LOSCO NRDA case files # LA2014_1025_1120 (Bay St. Elaine Oil Spill), LA2016_0725_0630 (Lake Grand Ecaille Oil Spill), LA2016_0905_1017 (Bay Long Oil Spill), and LA2016_1008_0400 (Terrebonne Bay/Timbalier Island Oil Spill). AGENCIES: Louisiana Oil Spill Coordinator’s Office (LOSCO)/Louisiana Department of Conservation and Energy (LDCE); Louisiana Department of Environmental Quality (LDEQ); Louisiana Department of Wildlife and Fisheries (LDWF); and Coastal Protection and Restoration Authority (CPRA); collectively referred to herein as the “Trustees.” AUTHORITIES: The Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2701 et seq., and the Louisiana Oil Spill Prevention and Response Act of 1991 (OSPRA), La. R.S. 30:2451 et seq., are the principal federal and state statutes, respectively, authorizing federal and state agencies and tribal officials to act as natural resource trustees for the recovery of damages for injuries to trust resources and services resulting from oil spill incidents in Louisiana. OPA implementing regulations may be found at 15 C.F.R. Part 990 and OSPRA regulations at LAC 43:XXIX. In accordance with OPA, OSPRA, and applicable regulations, the Trustees conducted a Natural Resource Damage Assessment (NRDA) for the four (4) unauthorized discharges of oil identified above (collectively, the “Incidents”). The Incidents originated from facilities owned and/or operated by entities or affiliates of Hilcorp Energy Company (“Hilcorp”). Hilcorp was identified as the responsible party for the Bay St. Elaine, Lake Grand Ecaille, and Terrebonne Bay/Timbalier Island incidents, while Harvest Pipeline Company, an affiliate of Hilcorp, was identified as the responsible party for the Bay Long incident. The Trustees note that, according to records maintained by the Louisiana Secretary of State, Harvest Pipeline Company changed its name to Harvest Midstream Company on July 30, 2018. For clarity and consistency, this entity is referred to herein as “Harvest.” Pursuant to 33 U.S.C. § 2702 and La. R.S. 30:2480, Hilcorp and Harvest are liable for natural resource damages resulting from their respective incidents. SUMMARY: Pursuant to 15 C.F.R. §§ 990.23, 990.55 and LAC 43:XXIX, Chapter 1, notice is hereby given that a document entitled, “Draft Damage Assessment and Restoration Plan for the 2014 Bay St. Elaine Oil Spill (NRDA CASE FILE #LA2014_1025_1120); 2016 Lake Grand Ecaille Oil Spill (NRDA CASE FILE #LA2016_0725_0630); 2016 Bay Long Oil Spill (NRDA CASE FILE #LA2016_0905_1017); 2016 Terrebonne Bay/Timbalier Island Oil Spill (NRDA CASE FILE #LA2016_1008_0400)” (Draft DARP) is available for public review and comment. The Draft DARP identifies the natural resources and services that were determined to be injured by the Incidents, describes the assessment procedures used to quantify injury, outlines the scaling approach and restoration alternative selection process, and presents the Trustees’ proposed plan to restore natural resources or services equivalent to those lost as a basis for compensating the public for the injuries to natural resources and services resulting from the Incidents. The Draft DARP evaluates restoration alternatives that the Trustees considered and identifies the Trustees’ preferred restoration alternative. The Trustees propose the implementation of the Northwest Little Lake Marsh Creation NRDA Increment (the Project) as the preferred alternative to compensate the public for natural resource injuries resulting from the Incidents. After finalization of the Draft DARP, the Trustees will prepare a Final Damage Assessment and Restoration Plan (Final DARP) and make it available to the public. The Draft DARP is available to the public for a 30-day comment period, which will begin on the date of this public notice announcing availability of the document for public review. The Trustees invite the public to review this document and submit comments to the mailing or email address listed below. The Trustees will consider comments received during the public comment period before finalizing the Final DARP. Public review of the Draft DARP is consistent with all federal and state laws and regulations that apply, including Section 1006 of OPA, 33 U.S.C. § 2706; the OPA regulations, 15 C.F.R. Part 990; Section 2480 of OSPRA, La. R.S. 30:2480; and the OSPRA regulations, LAC 43:XXIX, et. seq. PUBLIC PARTICIPATION: Interested members of the public are invited to view the Draft DARP via the internet at https://denr.louisiana.gov/page/louisiana-oil-spill-coordinator-s-office (scroll down and click on “LOSCO News”) or by requesting a copy of the document at the following address: Louisiana Oil Spill Coordinator’s Office Department of Conservation and Energy Attn: Jennifer M. Beall 617 North Third Street Baton Rouge, LA 70802 Jennifer.Beall@la.gov Public participation is encouraged. Opportunities to participate in the process include public availability of Administrative Record (AR) documents for the Incidents as well as an opportunity for the public to review and comment on the Draft DARP. The AR for each incident can be found at https://data.losco.org under “Search Administrative Records”. COMMENT SUBMITTALS: Comments must be submitted in writing or digitally to Jennifer M. Beall at the above address on or before the end of the 30-day comment period. FOR FURTHER INFORMATION: Contact Jennifer M. Beall at (225) 925-6606 or by email at Jennifer.Beall@la.gov. SUPPLEMENTARY INFORMATION: For each of the four incidents, the Trustees published a separate Notice of Intent (NOI) to Conduct Restoration Planning in the Louisiana Register to inform the public that the Trustees intended to conduct restoration planning, develop restoration alternatives that would restore, replace, rehabilitate, or acquire the equivalent of natural resources injured and/or natural resource services lost as a result of each incident, and open an AR to facilitate public involvement in the restoration planning process for each incident. These NOIs can be found at the following Louisiana Register citations: Bay St. Elaine (Vol. 42, No. 08, pp.1448-1449), August 20, 2016; Lake Grand Ecaille (Vol. 45, No. 03, pp. 476-477), March 20, 2019; Bay Long Incident (Vol. 45, No. 3, pp. 474-476), March 20, 2019; and Terrebonne Bay/Timbalier Island (Vol. 45, No. 03, pp.477-478), March 20, 2019. Marty Bienvenu Oil Spill Coordinator 191404-jun 17-1t $115.07

Post Date: 06/20 12:00 AM
Refcode: #621963.1  iPrint
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