[Federal Register: July 26, 2006 (Volume 71, Number 143)]
[Page 42412]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Availability, Draft Natural Resource Restoration Plan 
and National Environmental Policy Act Environmental Assessment for the 
W.R. Grace Superfund Site, Wayne Township, Passaic County, New Jersey

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.


SUMMARY: The U.S. Fish and Wildlife Service (Service), on behalf of the 
Department of the Interior (DOI) as a Natural Resource Trustee 
(Trustee), announces the release for public review of the Draft Natural 
Resource Restoration Plan and National Environmental Policy Act (NEPA) 
Environmental Assessment (RP/EA) for the W.R. Grace Superfund Site, 
Wayne Township, Passaic County, New Jersey. The Draft RP/EA describes 
the DOI's proposal to restore natural resources injured as a result of 
contamination at the W.R. Grace Superfund Site.

DATES: Written comments must be submitted on or before August 25, 2006.

ADDRESSES: Requests for copies of the Draft RP/EA may be made by mail 
or in person to: Clay Stern, U.S. Fish and Wildlife Service, New Jersey 
Field Office, 927 North Main Street, Pleasantville, New Jersey, 08232. 
Written comments or materials regarding the Draft RP/EA should be sent 
to the same address.

FOR FURTHER INFORMATION CONTACT: Clay Stern, Environmental Contaminants 
Branch, U.S. Fish and Wildlife Service, New Jersey Field Office, 927 
North Main Street, Pleasantville, New Jersey, 08232. Interested parties 
may also call 609-646-9310, extension 27 or electronic mail to 
clay_stern@fws.gov for further information.

SUPPLEMENTARY INFORMATION: Under the authority of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980 as amended (42 U.S.C. 9601 et seq.), commonly known as Superfund, 
``* * *[Trustees] may assess damages to natural resources resulting 
from a discharge of oil or a release of a hazardous substance * * * and 
may seek to recover those damages.'' Natural resource damage 
assessments are separate from the cleanup actions undertaken at a 
hazardous waste site, and provide a process whereby the Trustees can 
determine the proper compensation to the public for injury to natural 
resources. At the W.R. Grace Superfund Site in Wayne Township, Passaic 
County, New Jersey, DOI was the sole natural resource trustee involved 
in the Federal Government's settlement with W.R. Grace & Company--
Connecticut (Civil Action No. 98-2045). The Service, acting on behalf 
of the DOI, determined that the primary injuries to trust resources 
resulting from site-related contamination and response actions were 
reduced quality and quantity of habitat for migratory birds and other 
wildlife. Trust resources that utilize these habitats were adversely 
affected through pathways such as food source contamination or reduced 
abundance and diversity of food supply due to impacts on the Sheffield 
Brook benthic community. The settlement of $270,000 was designated for 
restoration, replacement, or acquisition of the equivalent natural 
resources injured by the release of contaminants at the site.
    The Draft RP/EA is being released in accordance with the Natural 
Resource Damage Assessment Regulations found at 43 CFR, part II. The 
Draft RP/EA describes several natural resource restoration, 
acquisition, and protection alternatives identified by the DOI, and 
evaluates each of the possible alternatives based on all relevant 
considerations. The DOI's Preferred Alternative is to use the 
settlement funds to acquire and manage wildlife habitat in perpetuity 
which is similar to habitat injured at the Grace Superfund Site. 
Details regarding the proposed projects are contained in the Draft RP/
    Interested members of the public are invited to review and comment 
on the Draft RP/EA. All comments received on the Draft RP/EA will be 
considered and a response provided either through revision of this 
Draft RP/EA and incorporation into the Final Restoration Plan and 
Environmental Assessment, or by letter to the commenter.


    The primary author of this notice is Clay Stern.

    Authority: The authority for this action is the CERCLA of 1980 
as amended (42 U.S.C. 9601 et seq.), and implementing Natural 
Resource Damage Assessment Regulations found at 15 CFR part 990.

    Dated: June 26, 2006.
Marvin E. Moriarty,
Regional Director, Region 5, U.S. Fish and Wildlife Service, DOI 
Authorized Official, U.S. Department of the Interior.
 [FR Doc. E6-11910 Filed 7-25-06; 8:45 am]