tittabawassee river system natural resource damage …...nov 21, 2019 · improved fish populations...
TRANSCRIPT
Tittabawassee River System Natural Resource Damage
Assessment
Proposed Settlement and RestorationNovember 21, 2019
Lisa L. WilliamsU.S. Fish and Wildlife Service
Tittabawassee River Trustee Council
Overview Here tonight to share information about the
settlement – including input from you! Open house format Presentation first
Natural Resource Damage Assessment (NRDA) and Restoration (NRDAR)
Restoration-based settlement Projects Funding alternatives
How to provide input
Overview
How did we get here? Historically, Dow released
chemicals into the environment
Cleanup is well underway Natural Resource Damage
Assessment (NRDA) was started to address injuries to natural resources and losses to public use and enjoyment of them
NRDAR Introduction
NRDA is separate from cleanup Cleanup processes directed by
U.S. EPA and the State of Michigan Stop releases of contaminants
Remove or contain contamination
Reduce risks to health and environment
NRDA conducted by Trustees Assess injuries and loss of services
Determine restoration needed
Depends on rate of cleanup
Principle that ‘polluter pays’
NRDAR Introduction
NRDAR conducted by Trustees State of Michigan represented by
EGLE DNR Attorney General
Saginaw Chippewa Indian Tribe of Michigan Department of the Interior represented by
U.S. Fish and Wildlife Service Bureau of Indian Affairs
NRDAR Introduction
Jim Sygo
Started his career in Saginaw
Career focused on improving the environmental quality of Michigan
Retired as deputy director of MDEQ, he was instrumental in guiding this NRDA from initiation to near completion of the negotiations
Tribute
1949 - 2018
“A Quiet Conservation Hero”
Natural Resource Damage Assessment and Restoration
NRDAR Introduction
Assessment Negotiation
Settlement OR Litigation
RESTORATION
“Injury – Restoration Handshake” Examples
NRDAR Introduction
What was lost? How can it be addressed?
Fewer birds produced per nest More habitat for that type of bird
Damage to habitat (e.g. floodplain forest) during cleanup
Similar habitat protected, created, or improved
Less fishing enjoyment because of consumption advisories
Improved fish populations and opportunities to fish
Less natural resource enjoyment because of soil advisories
Increased nature preserve areas that people can go to
Restoration Ideas & Projects
Trustees collected ideas from the public and local stakeholder groups over many years
Trustees evaluated restoration ideas using NRDA-specific criteria
Trustees and Dow worked on projects that could address multiple categories of injury or losses:
For natural resources that use different habitat types: floodplain, uplands, riverine, bay
For natural resource-based recreation: fishing, nature viewing, hiking, hunting, boating
Restoration Development
Proposed Settlement Will restore and
protect about 8,000 acres and improve fish populations in the rivers and bay
Will provide at least $5M for future projects with public input
Will provide up to $10M for long-term stewardship
Settlement
Proposed Settlement
Settlement
Amount Description
$15M Dow to pay Trustees for new projects, long term care of projects, monitoring, staff time
$6.75M Dow to pay Trustees for 5 specific projects
~$50M Estimate of what it would cost the Trustees to do the 8 projects that Dow will do
~$5M Dow to pay Trustees for assessment costs
~$77M Estimate for settlement amount used in press release
Proposed Settlement Consent Decree
lodged with federal court
Draft Restoration Plan / Environmental Assessment released by the Trustees
Public review and written comment for both open now until December 29
Settlement
ProjectsSettlement
13 Restoration Projects 8 that Dow will
implement
5 that Trustees and partners will implement
2 Additional Projects Agreement between
Dow and the State
BaySail and Lighthouse by Bay City
Projects NRDA Restoration Projects
that Dow will implement Dow has 5 years to
complete construction
Dow will maintain projects for 5 years (or longer to meet performance standards)
Trustees review and approve work plans, oversee work
Settlement
Settlement
Midland Area Projects
Midland Area Projects Eagle Ridge
140 acres Next to Stratford Park
Settlement
Trails, overlooks, parking Wetland restoration Non-native species control
Settlement
Midland Area Projects Greater Midland
Nature Preserve 1,460 acres
Settlement
Midland Area Projects Midland Fish Passage
Dow Dam
Midland Area Projects Tittabawassee River
Floodplain Restoration 490 acres Bike and nature trails
Settlement
Tittabawassee River Area Tittabawassee River
Green Corridor 2,000 acres Conservation easements
Settlement
Tittabawassee River Area Thomas Township
Nature Preserve 60 acres $1M for habitat, trails,
river access
Settlement
Settlement
Saginaw Area Projects
Settlement
Saginaw Area Projects Shiawassee National
Wildlife Refuge Restoration Benefits to >2,700 acres Improved water flows Fish spawning areas Migratory birds, waterfowl
Settlement
Saginaw Area Projects Shiawassee National
Wildlife Refuge Expansion ~150 acres by Green
Point Environmental Learning Center
~200 acres to expand hunting
Settlement
Saginaw Area Projects Saginaw Riverfront Park
$1M for habitat improvements, trails, and long term care on 322 acres
Right in neighborhoods Many potential trail
connections DNR and Saginaw
County Parks
Settlement
Bay City Area Projects
Settlement
Bay City Area Projects
Bay City Ecological Restoration 415 acres Trails Shoreline fishing
platforms
Settlement
Bay City Area Projects Saginaw River Mouth
Boating Access Site Expansion 50 new parking spaces 3 new launch lanes,
bringing total to 8
Existing site
Settlement
Bay City Area Projects BaySail docking
facility and education center* Dow to provide land
and other support
*State-Dow agreement (non-NRDA)
Settlement
Bay City Area Projects Lighthouse Renovation*
Dow to provide funding for lighthouse renovation and preservation
Lighthouse to be opened to public
*State-Dow agreement (non-NRDA)
Settlement
Saginaw Bay Spawning Reefs $1M to expand spawning reef habitat in Saginaw Bay
Settlement
Saginaw Chippewa Indian Tribe’s Restoration Project
$500,000 to expand and link nature preserves near Saganing River and Saginaw Bay
Proposed Settlement Will restore and
protect about 8,000 acres and improve fish populations in the rivers and bay
Will provide at least $5M for future projects with public input
Will provide up to $10M for long-term stewardship
Settlement
Funding Consent Decree
requires Dow to pay $15M to Trustees At least $5M for new
project proposals
Remainder for long-term stewardship and Trustee costs
Draft Restoration Plan describes alternatives
Settlement
Funding Alternative A: “No
action” alternative, used for comparison
Alternative B: 13 projects
$15M as flexible funding > $5M projects through public
process
Trustees adjust over time among stewardship, monitoring, oversight, and additional new projects
Settlement
Alternative C: 13 projects
$15M as fixed funding $5M projects through public
process
$6M stewardship
$2M monitoring
$2M oversight
Restoration Criteria
Developed by Trustees for this case Based on criteria in federal regulations
Used to ensure “Injury–Restoration Handshake”
Guide selection of projects Used to evaluate projects in the settlement
For future projects that are proposed
Restoration Criteria
Public Input Proposed Consent
Decree Send written
comments to the Department of Justice
Instructions in Federal Register Notice
Draft Restoration Plan Send written
comments to Trustees Instructions on
website:
Settlement
www.fws.gov/midwest/es/ec/nrda/TittabawasseeRiverNRDA
Public Input
Restoration ideas welcomed by the Trustees at any time
Restoration project proposals in response to a Request for Proposals
Expect within about a year of Consent Decree being finalized
Settlement
Estimated Schedule
Timeline
Consent Decree Lodged
(11/8/2019)
Begin Judicial Review
of CD(3/2020)Complete
Review and Revise Plan
(2/2020)
Years 3-5 of Dow Project
Construction, Monitoring,
Maintenance (5/2022 – 5/2025)
Last ConstructionCompleted on Dow Projects
(5/2025)
Trustees Start
Projects and
Oversee Dow
(5/2020)
Public Comments
Due(12/29/2019)
2022 2023 2024 2025 2026 2027 2028 2029 2030+
2019 2020 2021
Federal Register Notice
(11/14/2019)
CD Approved
(5/2020)
Dow Pays and Starts
Projects(5/2020)
Year 2 of Dow
Projects Starts
(5/2021)RFP for
New Projects (2021)
Last Monitoring & Maintenance
Shifts from Dow to Trustee
Funding (5/2030)
?
Summary NRDAR is a distinct process from the
cleanup The goal of NRDAR is to restore and
compensate for losses over time NRDAR must…
address injuries that resulted from the release of contaminants
focus on natural resources The Trustees look forward to discussing the
settlement and getting input for the future
Summary
Rest of this Meeting Open house style Groups of posters
Overview and general questions with me Fisheries and Saginaw Riverfront Park with Jessica
Mistak, DNR Midland area projects with Clark McCreedy, FWS Tittabawassee River projects with Jack Dingledine, FWS;
Polly Synk, MDAG; and John Corriveau, Thomas Township
Shiawassee National Wildlife Refuge projects with Pam Repp and Eric Dunton, FWS
Bay City area projects with Joe Victory, EGLE Wrap up by 9pm
Open House
Contact InformationU.S. Fish and Wildlife Service:
Lisa L. WilliamsU.S. Fish and Wildlife Service2651 Coolidge Road, Ste. 101East Lansing, MI 48848517-351-8324 phone [email protected]
Saginaw Chippewa Indian Tribe of Michigan:Sally KniffenSaginaw Chippewa Tribe7070 E. BroadwayMt. Pleasant, MI 48858989-775-4015 [email protected]
Contacts
Contact InformationMichigan Department of Environment, Great Lakes, and Energy:
Joe VictoryEGLEP.O. Box 30426Lansing, MI [email protected]
Michigan Department of Natural Resources:Jessica Mistak, SupervisorHabitat Management UnitDNR Fisheries Division6833 Hwy 2, 41, and M-35Gladstone, MI [email protected]
Michigan Attorney General:Polly Synk, Assistant Attorney GeneralEnvironment, Natural Resources & Agriculture Division
P. O. Box 30755Lansing, MI [email protected]
Contacts