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DAMAGE ASSESSMENT and RESTORATION PLAN for the OMNI MOUNT WASHINGTON RESORT #6 FUEL OIL DISCHARGE Bretton Woods, New Hampshire

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DAMAGE ASSESSMENT and RESTORATION PLAN for the OMNI MOUNT WASHINGTON RESORT #6 FUEL OIL DISCHARGE Bretton Woods, New Hampshire Draft DARP December 2020 DRAFT DAMAGE ASSESSMENT AND RESTORATION PLAN for the OMNI MOUNT WASHINGTON RESORT #6 FUEL OIL DISCHARGE Bretton Woods, New Hampshire December 2020 Prepared by: United States Fish and Wildlife Service [i] Draft DARP December 2020 DRAFT DAMAGE ASSESSMENT AND RESTORATION PLAN FOR THE OMNI MOUNT WASHINGTON RESORT #6 FUEL OIL DISCHARGE BRETTON WOODS, NEW HAMPSHIRE Note to Reader: The following is the draft Damage Assessment and Restoration Plan (“DARP”) for the Omni Mount Washington Resort #6 Fuel Oil Discharge (the “Incident”) that occurred in Bretton Woods, New Hampshire, and that was first observed on May 29, 2018. Executive Summary: This draft DARP has been prepared by the United States Fish and Wildlife Service (“USFWS”), on behalf of the Department of the Interior (“DOI”), the Natural Resource Trustee (“Trustee”), to address natural resources and services injured or lost due to the release of #6 fuel oil (“Bunker C”) at or from the boiler house at the Omni Mount Washington Resort, located in Bretton Woods, New Hampshire. On May 29, 2018 at 11:31am, federal and state agencies were notified of a release of #6 fuel oil from the boiler house of the Omni Mount Washington Resort in Bretton Woods, New Hampshire (“Site”). The Incident may have been ongoing since winter 2017-2018, and had been discovered in late May 2018 due to warmer weather. The oil originated from an unknown location under the boiler house and migrated to adjacent wetlands, Dartmouth Brook, and the Ammonoosuc River. New Hampshire Fish and Game (“NH F&G”) and the USFWS were notified, and New Hampshire Department of Environmental Services (“NH DES”) and the United States Environmental Protection Agency (“USEPA”) responded to the Incident. Approximately 1,500 to 3,000 gallons of oil were estimated to be in the ground beneath the boiler house. Several thousand more gallons migrated to the nearby wetlands. Oil and oil sheens were observed in Dartmouth Brook for approximately 700 linear feet downstream to the confluence of the Ammonoosuc River. Evidence of oil was observed on the Ammonoosuc for at least 300 linear feet downstream. Excavation of oil and oil-impacted soil and sediment, and removal and washing of oiled debris, sticks, and vegetation were undertaken using contractor personnel and heavy equipment in and around the Site. Booms, make-shift under-flow dams, absorbent mats, and pompoms were used to control the flow, sheening, and any resuspension of oil in portions of Dartmouth Brook and the Ammonoosuc River. All trees were removed from the upland area adjacent to the boiler house to clear the area for three trenches, which were dug to catch additional oil that could have migrated to the wetland during remedial activities. Informal wildlife surveys were conducted by NH F&G and NH DES. Twenty-four (24) birds of unknown species were found deceased in the oiled wetland. Observations resulted in 22 birds being categorized as small and songbird-like. Two birds were approximated to be the size of waterfowl. Two unknown species of small mammal were also found deceased in the oiled wetland. [ii] Draft DARP December 2020 The Trustee determined that the Incident posed a direct threat to natural resources for which the federal government may assert trusteeship under the Oil Pollution Act, 33 U.S.C. § 2701 et seq. The natural resources affected by the discharge of oil at or from the Site include migratory avian species and their supporting habitats. For the Site, the Trustee identified Omni Mount Washington, LLC and Omni Hotels Management Corporation (collectively, “Omni”) as the responsible parties for the release of oil and corresponding natural resource damages. To facilitate the settlement and achieve a cost- effective resolution, the Trustee invited Omni to conduct a cooperative assessment. The Trustee and Omni reviewed site-specific data, estimated injuries, and evaluated a reasonable range of restoration alternatives to compensate for injuries to natural resources and lost services. The overall objective of the restoration planning process is to identify restoration alternatives that are appropriate to restore, rehabilitate, replace, or acquire natural resources and their services equivalent to those injured or lost as a result of the Incident. The purpose of restoration is to make the environment and the public whole by providing compensation for injuries and losses to natural resources. After considerable evaluation, the Trustee determined that a holistic approach to restoring migratory bird habitat would be the most appropriate way to compensate for both the habitat injury and bird loss. The preferred restoration alternatives include invasive wetland plant species control with native plantings at or in the vicinity of the Site and restoration of migratory bird wintering habitat in Central or South America to specifically address impacts to neotropical migratory songbirds. Omni has also agreed to purchase and install 30 bird nest boxes with interpretive signage on the resort property. A Scope of Work (“SOW”) for the Bird Nest Box Project has been developed and agreed to by the USFWS and Omni. Specific dimensions and placement of bird nest boxes, content, design, and layout of signage, monitoring objectives, and reporting requirements will be determined by the USFWS with concurrence from Omni at a later date (See Appendix A to the Settlement Agreement Between the United States Department of the Interior and Omni Mount Washington, LLC for the Omni Mount Washington Resort #6 Oil Discharge (“Settlement Agreement”)). The Trustee and Omni agreed in principle on settlement terms for natural resource damages and all Trustee costs in August of 2019, and executed a settlement agreement in December of 2020. [iii] Draft DARP December 2020 Table of Contents 1 INTRODUCTION AND INCIDENT SUMMARY .............................................................. 1 1.1 Overview of the Incident .............................................................................................. 1 1.1.1 Location ........................................................................................................................ 1 1.1.2 Overview of Incident and Response ............................................................................. 1 1.1.3 Injury Determination ..................................................................................................... 2 1.2 Natural Resources Injuries ............................................................................................ 2 1.3 Natural Resource Trustee(s) and Authority .................................................................. 6 1.3.1 Overview of OPA Requirements .................................................................................. 6 1.3.2 Natural Resource Damage Assessment Regulations under OPA ................................. 7 1.3.3 NCP ............................................................................................................................... 8 1.3.4 NEPA Compliance ........................................................................................................ 8 1.4 Coordination and Settlement with the Responsible Party or Parties ............................ 9 1.5 Public Participation ....................................................................................................... 9 2 AFFECTED ENVIRONMENT ........................................................................................... 10 2.1 #6 Fuel Oil Toxicity Profile ........................................................................................ 10 2.1.1 Use .............................................................................................................................. 10 2.1.2 Properties .................................................................................................................... 10 2.1.3 Ecological Information ............................................................................................... 10 2.2 Description of Injured Resources and Services .......................................................... 11 2.2.1 Biological Resources .................................................................................................. 11 2.2.2 Injury and Service Losses Due to Response Actions .................................................. 13 2.3 Endangered and Threatened Species .......................................................................... 14 2.4 Human and Cultural Environment .............................................................................. 14 [iv] Draft DARP December 2020 3 INJURY AND SERVICE LOSS EVALUATION .............................................................. 15 3.1 Preassessment Evaluation ........................................................................................... 15 3.2 Assessment Strategy ................................................................................................... 16 3.3 Quantification of Injury .............................................................................................. 17 4 GENERAL RESTORATION ALTERNATIVES ............................................................... 17 4.1 Evaluation Criteria for Selecting Preferred Restoration Alternatives ......................... 18 4.2 Restoration Alternatives .............................................................................................. 19 4.2.1 Alternatives Considered .............................................................................................
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