Example Outline of a Damage Assessment and Restoration Plan and Environmental Assessment (Bermuda Islander Spill, Delaware Bay, Jan. 2013)

• Author: Valerie Ann Lee/P.J. Bridgen
• Pages: 343-378

Example Outline of a Damage Assessment and Restoration Plan and Environmental Assessment Page 343

DRAFT RESTORATION PLAN AND

ENVIRONMENTAL ASSESSMENT

For the Bermuda Islander Oil Spill, Delaware Bay

January 2013

U.S. Fish and Wildlife Service

National Oceanic and Atmospheric Administration

Delaware Department of Natural Resources and Environmental Control

Photo Credit: Sherry Krest, USFWS

Page 344 Natural Resource Damage Assessment Deskbook

2

Contact:

Sherry Krest

USFWS, Chesapeake Bay Field Office

177 Admiral Cochrane Drive

Annapolis, MD 21401

(410) 573-4525

Fax (410) 269-0832

Sherry_Krest@fws.gov

This Draft Restoration Plan and Environmental Assessment was prepared by the

U.S. Fish and Wildlife Service on behalf of the natural resource Trustee

agencies: the National Oceanic and Atmospheric Administration, Delaware

Department of Natural Resources and Environmental Control, and the U.S. Fish

and Wildlife Service. These agencies have conducted a natural resource damage

assessment (NRDA) for the undetermined amount of oil released from the

Bermuda Islander container ship into the Delaware Bay on or about April 25,

2006. The goal of the NRDA is to restore the public’s natural resources injured

by the oil spill. This document also serves as an Environmental Assessment to

analyze the potential effects of the actions and projects on the quality of the

human environment, in accordance with the National Environmental Policy Act.

Example Outline of a Damage Assessment and Restoration Plan and Environmental Assessment Page 345

3

Executive Summary

This Draft Restoration Plan and Environmental Assessment (RP/EA) has been prepared by the

United States Fish and Wildlife Service (USFWS) on behalf of the Natural Resource Trustees

(the Trustees) for the natural resources impacted by the release of an undetermined amount of oil

from the M/V Bermuda Islander (“Bermuda Islander”), a container ship, into the marine waters

and shoreline habitats of the Delaware Bay, Delaware on or about April 25, 2006. The Trustees

for the natural resources impacted by the spill include the United States Fish and Wildlife

Service (USFWS) on behalf of the U.S. Department of the Interior (DOI), the National Oceanic

and Atmospheric Administration (NOAA) of the U. S. Department of Commerce and the

Delaware Department of Natural Resources and Environmental Control, Division of Fish and

Wildlife (DNREC). In this document, the Trustees present their proposed plan to restore the

natural resources, including ecological and recreational services that were injured, lost or

destroyed as a result of the spill. The Responsible Parties (“RPs”) were M.S. Elegance

Scheepvartbedrjf C.V. (Elegance Shipping and JR Ship Management B.V., the registered owner

and the operator of the Bermuda Islander, respectively.

In this Draft RP/EA, the Trustees present the restoration alternatives that they identified and

evaluated and the preferred projects proposed for implementation to restore the natural resource

injuries resulting from the spill.

The Trustees, in cooperation with the RPs, determined that potential natural resources injuries

attributable to the spill included:

Shoreline habitat. Approximately forty (40) miles of shoreline were oiled to varying

degrees. The affected shoreline was predominantly vegetated sand beach.

Horseshoe crabs and their habitat. The spill occurred just prior to the height of

horseshoe crab spawning season and the oiled shorelines are considered prime spawning

habitat.

Surface water resources, including fish.

Intertidal sediments. At least one sediment core confirmed that oil from this spill

penetrated into the subsurface (5 to 20 cm) of the intertidal zone.

Wildlife. Several birds were oiled during the release; however, there were no known bird

mortalities as a result of this oil release.

Recreational uses. Including general shoreline activities such as boating and fishing.

In December of 2008, the Trustees and the RPs executed an administrative settlement agreement

which resolved the Trustees’ natural resource damage (“NRD”) claim relating to injuries caused

by the spill. Under the terms of the settlement agreement, the RPs paid $270,000 to the Trustees

to fund restoration projects and reimburse the Trustees’ past assessment costs. The Trustees’

past assessment costs totaled $63,645; the remaining amount, $206,355, will be used to restore,

replace, rehabilitate, or acquire natural resources similar to those that were lost or injured as a

result of the spill.

The Trustees utilized the following criteria to evaluate all potential restoration

projects/alternatives: