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Final Lower Duwamish River NRDA Restoration Plan and Programmatic Environmental Impact Statement

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Final Lower Duwamish River NRDA Restoration Plan and Programmatic Environmental Impact Statement Final Lower Duwamish River NRDA Restoration Plan and Programmatic Environmental Impact Statement June 2013 Prepared by the National Oceanic and Atmospheric Administration on behalf of the Lower Duwamish River Natural Resource Damage Assessment Trustee Council Lower Duwamish River NRDA Restoration Plan and Programmatic Final Environmental Impact Statement Project Locations: Duwamish River and Green River, King County, Washington Lead federal agencies for the National Oceanic and Atmospheric Administration (NOAA) Restoration Plan and the PEIS: and U.S. Department of the Interior, Fish and Wildlife Service (DOI/FWS) Lead Administrative Trustee: NOAA Damage Assessment and Restoration Center Northwest. Attn: Rebecca Hoff, 206-526-6276, [email protected] Cooperating agencies and tribes: Washington Department of Ecology (as lead state Trustee) and Washington Department of Fish and Wildlife, Suquamish Tribe, Muckleshoot Indian Tribe, U.S. Army Corps of Engineers, and U.S. Environmental Protection Agency Comments/Contact Person: Rebecca Hoff, NOAA DARC NW, 7600 Sand Point Way NE, Seattle, WA 98115, Email: [email protected] Comments must be received no later than 30 calendar days after the notice of availability for the Final PEIS is published in the Federal Register. Administrative Record: This Restoration Plan/Programmatic Environmental Impact Statement and its supporting documentation may be reviewed by contacting the case records manager Rebecca Hoff at 206-526-6276 or [email protected]. ABSTRACT Hazardous substance releases into the Lower Duwamish River (LDR) resulted in the contamination of the sediments and injuries to natural resources. The Elliott Bay Trustee Council (Trustees) is developing the Lower Duwamish River Natural Resource Damage Assessment (LDR/NRDA) to determine the extent of injuries to natural resources resulting from these releases. Natural resources include fish, shellfish, wildlife, sediments, and water quality, and the services they provide. Trustees are also determining how to restore injured natural resources and lost resource services. The Restoration Plan, which is also a Programmatic Environmental Impact Statement (PEIS) will guide implementation of LDR/NRDA restoration activities. The PEIS analyzes the environmental impacts of the alternatives considered by the Trustees to restore, replace, rehabilitate, and/or acquire the equivalent of the injured natural resources and their services. The Trustees evaluated three alternatives: the No-Action Alternative, which is required to be included in the analysis; the Species-Specific Restoration Alternative; and the Integrated Habitat Restoration Alternative. The Trustees’ preferred alternative is Integrated Habitat Restoration, which is a comprehensive plan based on restoration of key habitats that, together, will benefit the range of different resources injured by releases of hazardous substances in the LDR. In addition, the Trustees have included a detailed description of the methodology considered for use in a settlement-based approach to injury assessment for the Lower Duwamish River. A draft RP/PEIS was made available for public review on May 22, 2009, with the comment period ending on July 28, 2009. In response to comments received on that draft, the Trustees added more detail about the injury assessment and restoration valuation methodology used in the LDR/NRDA, and made some other minor changes to address other comments. The Trustees released the Supplement to the draft RP/PEIS for additional review and comment on July 27, 2012, with the comment period ending on October 10, 2012. This Final PEIS was developed after consideration of all comments received. 2 EXECUTIVE SUMMARY The Elliott Bay Trustee Council (Trustees) is developing the Lower Duwamish River Natural Resource Damage Assessment (LDR/NRDA) to determine the extent of injuries to natural resources, such as fish, shellfish, wildlife, sediments, and water quality, and the services they provide. The LDR/NRDA is being conducted pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Oil Pollution Act of 1990, and other applicable laws. Concurrent with the damage assessment process, the Trustees are conducting restoration planning to determine the best approach to restoring, rehabilitating, replacing, and acquiring the equivalent of the injured natural resources and their associated services. To guide the restoration process, the Trustees have prepared this Restoration Plan/Programmatic Environmental Impact Statement (RP/PEIS), with the National Oceanic and Atmospheric Administration (NOAA) and the U.S. Department of the Interior, Fish and Wildlife Service (DOI/FWS) as the lead federal agencies. The cooperating agencies are the other Trustees, the U.S. Army Corps of Engineers (ACOE), and the Environmental Protection Agency (EPA). The RP/PEIS will guide decision-making regarding the implementation of LDR/NRDA restoration activities. This plan is intended to expedite and provide a point of departure for future site-specific projects and facilitate the preparation of subsequent project-specific environmental documents through the use of “tiering.” Project-specific National Environmental Policy Act (NEPA) environmental evaluation documents will be prepared for future restoration projects and will be referenced back to (tiered from) the RP/PEIS. The overall goal of the Restoration Plan is to restore, replace, or acquire the equivalent of those natural resources injured as the result of hazardous substance releases. The PEIS analyzes the environmental impacts of the alternatives that may be employed by the Trustees to restore, replace, rehabilitate, and/or acquire the equivalent of the injured natural resources as well as the services they would have provided but for the hazardous substance releases and oil discharges to the environment of the Lower Duwamish River. Three alternatives were evaluated in the RP/PEIS: 1) No Action, an alternative that is required to be considered, under which the Trustees would not conduct restoration actions to restore natural resources; 2) Species-Specific Restoration, under which the Trustees would develop specific restoration actions designed to benefit individual species; and 3) Integrated Habitat Restoration, under which habitat complexes would be developed to benefit, directly or indirectly, the suite of natural resources that were injured by releases of hazardous substances into the LDR. The Trustees preferred alternative is the Integrated Habitat Restoration Alternative, which is a comprehensive plan based on restoration of key habitats that, together, will benefit the range of different resources injured by releases of hazardous substances in the LDR. This alternative best meets the needs of the Trustees’ restoration goals and principles by maximizing ecological benefits for a wider range of natural resources and their associated services. The Trustees have taken an ecosystem approach to planning for the implementation of restoration projects as part of the LDR/NRDA. Trustees established priority focus areas for restoration that fulfill CERCLA requirements (restoration with a strong nexus to the injured resources) and puts restoration in areas where habitat is scarce and essential for fish and 3 wildlife in the Lower Duwamish River. Each Habitat Focus Area (HFA) places boundaries around important target habitat features and incorporates geographic boundaries, restoration site clusters, exposure to wave energy, location, maritime uses, land uses, and development. Four HFAs are covered under this document: • HFA1—Lower Duwamish River, extending from the northern tip of Harbor Island upstream to North Winds Weir. • HFA2—Inner Elliott Bay Shoreline, between the Duwamish head and Port of Seattle Terminal 91. • HFA3—Duwamish River Reach (farther upstream of the Lower Duwamish), which goes from upstream of North Winds Weir to the confluence of the Green and Black rivers. • HFA4—Green River Reach (upstream from the Duwamish River Reach) which extends from the confluence of the Green and Black rivers to the boundary of the Lower Green River Watershed (as defined by Green/Duwamish and Central Puget Sound Water Resource Inventory Area 9 (WRIA 9)). The Trustees’ ability to restore injured resources and the approach required varies among the HFAs. Priority will be given to projects within HFA1—Lower Duwamish River and HFA2— Inner Elliott Bay. Projects in other HFAs will be subject to minimum size and project type restrictions, and will be acceptable for NRDA settlements only if they are a component of a settlement proposal that includes restoration in HFA1. Restoration Goals The overall goal of the Restoration Plan is to restore, replace, or acquire the equivalent of those natural resources injured as the result of hazardous substance releases. To accomplish this goal, the Trustees will restore important habitats that support injured resources. Estuarine and riparian habitats of the LDR are a fraction of their historic acreage; this lack of habitat is believed to be a limiting factor for many natural resources and services within this system. To restore injured resources and improve the LDR’s ability to support these resources, the Trustees will consider rehabilitation, creation, and enhancement projects. Trustees intend to restore habitats that rebuild marine and aquatic resources and services lost from contamination. Marshes and mudflats are a top priority, because of their high habitat value to the types of natural
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