Natural Resource Damages Restoration Projects
After an NRD case is settled, a restoration plan is written to describe the specific restoration actions. These restoration plans are made available for review and comment by the public.
Draft Restoration Plans
Draft Restoration Plans are open for public comment. Additional information can be located in the Environmental Notice Bulletin.
- Proposal to spend settlement funds Unisys Corporation State Superfund Site (PDF) (3.8 MB): NYSDEC intends to settle an NRD claim with Lockheed Martin, for the Unisys State Superfund Site located in the Village of Lake Success, Town of North Hempstead, Nassau County, New York. NYSDEC seeks this settlement as compensation for injuries to natural resources due to the release of environmental contaminants from the Site that impacted Long Island's sole source aquifer. A portion of this settlement will be designated for restoration planning in the form of a groundwater study that will provide a critical predictive tool to NYSDEC to manage the sole drinking water resources that are currently threatened by advancement of salt water interface, over pumping and numerous migrating contaminant plumes. Settlement funds must be used to compensate for those injuries by restoring natural resources, supporting habitat, and/or services provided by the injured resources. Accordingly, NYSDEC has prepared this Proposal to Spend Settlement Funds and is seeking comments on it. The funds addressed by this Proposal are for the restoration planning component of the NRD settlement.
- Notice of Availability for Public Comment, Draft Restoration Plan and Environmental Assessment for Genesee River Natural Resource Damage Assessment and Restoration under the Comprehensive Environmental Response, Compensation, and Liability Act: The U.S. Fish and Wildlife Service and New York State, collectively the Trustees, announce the availability of the Draft Restoration Plan and Environmental Assessment for the Genesee River, and Genesee River Watershed, New York (Draft Restoration Plan) (leaving DEC website) for public review and comment. In 2014, the Trustees resolved a natural resource damage claim with the Eastman Kodak Company for the Genesee River located in the City of Rochester, Monroe County, New York. The Draft Restoration Plan outlines the restoration project categories that have been selected to address injuries to and lost use of natural resources. Natural Resource Damage Assessment and Restoration settlement funds will be used for projects that restore, rehabilitate, or conserve aquatic habitats and recreational uses in the Genesee River and Watershed, New York. The closing date for public comment is September 30, 2016.
Send Draft Restoration Plan comments to: Amy Roe, Environmental Quality Program, U.S. Fish and Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, New York 13045 or by email: Amy_Roe@fws.gov.
Completed Restoration Plans
After a restoration plan is finalized, implementation can begin. The following are final restoration plans:
- Van Name Van Pelt Park: North Staten Island Restoration Plan (PDF) (773 KB) The plan is the result of a private settlement between NYS DEC and Chevron after an oil spill on the Arthur Kill in February 2006. The environmental effects of the spill ranged from shoreline oiling damage to wildlife injury. The settlement awarded NYSDEC $13,500 to be spent on restoration, replacement, or acquisition of the equivalent of the injured natural resource or ecosystem services that were lost as a result of the spill. The restoration plan described a proposed salt marsh restoration coordinated by both the owner of the property, NYC Department of Parks and Recreation, and a local community group. No comments were received and this Restoration Plan has now been finalized.
- Gowanus Canal Stormwater Restoration Plan (PDF) (220 KB) The plan is the result of a settlement between NYSDEC and Benson Metal Corporation after a civil complaint was brought against Benson for discharging scrap metal into the Gowanus Canal. Such scrap metal dumping can lead to water quality issues in an already degraded aquatic environment. The settlement awarded NYSDEC $27,000 to be spent on restoration, replacement, or acquisition of the equivalent of the injured natural resource or ecosystem services that were lost as a result of the damage. The restoration plan described a proposed green infrastructure project lead by the Gowanus Canal Conservancy, which uses school and community education and training to enhance the water quality of the Canal. No comments were received and this Restoration Plan has now been finalized.
- Consolidated Edison Company of NY Dunwoodie Substation Restoration Plan (PDF) (5.92 MB) The plan describes restoration projects for the Bronx River in Westchester County to compensate for Natural Resources Damages incurred during the 2009 spill of dielectric fluid from the Consolidated Energy Dunwoodie substation. Public comments were received (Restoration Plan, Appendix B) and integrated into the Restoration Plan where appropriate. The Restoration Plan has now been finalized. For questions, please contact Jennifer Dawson via email.
- Marks Farm Natural Resource Damages Restoration Plan (PDF) (432 KB) In 2005, a manure spill in the Town of Lowville, Lewis County from the Marks Dairy Farm into the Black River resulted in a loss of oxygen in the stream and a significant fish kill. Marks Farm entered into a settlement agreement with the NYSDEC that required them to pay $390,963.00 for natural resource damages resulting from the release. NYSDEC will use these funds to implement restoration projects that will enhance public access to the Black River fishery. The draft restoration plan discussing the proposed restoration projects was available for public review and comment from September 29 to October 29, 2014. No comments were received and this Restoration and Spending Plan has now been finalized. Appendix A - Consent Order (PDF) (973 KB). Appendix B - Project Costs (PDF) (2.21 MB).
- BASF Restoration Plan(PDF) (4.75 MB) This plan describes restoration projects for the BASF site in and around the Hudson River in Rensselaer County.
- Sportfishing Restoration for the Lake Ontario System In June 2006, an NRD settlement of $12 million was reached between New York State and Occidental Chemical Corporation which compensated for the loss of recreational fishing opportunities in Lake Ontario over a 30 year period due to the release of harmful chemicals in the environment. The settlement was used to fund a restoration plan that will implement specific projects to restore and enhance recreational fishing and the fishery itself. After receiving restoration proposals from the public and considering public comment, DEC selected 42 distinct restoration projects: 25 to improve access, 14 to enhance habitat and resources, and 3 to promote fishing in the region. Restoration projects are being implemented in seven counties in northern and western New York. For more information, see the Lake Ontario Sportfishing Restoration Plan page.
Draft Memorandum of Understanding
Draft Memorandum of Understanding related to Akzo NRD (PDF, 1.27 MB) - May 2016 (Available for Public Comment until July 5, 2016)