Major Ongoing Natural Resource Damages Assessments

Natural Resource Damages Assessment and Restoration Process

1. Identify a Release - A release of a hazardous substance or spill of a petroleum product occurs, is documented and is referred to DEC for further investigation.
2. Identification of Potential Claims - Typically, NRD staff evaluate existing data to identify the natural resources that have been lost, destroyed or injured by the release. In some cases it may be necessary for NRD staff to perform biological, ecological, or other surveys and to take samples in order to determine whether a natural resources have been lost, destroyed or injured.
3. Injury Assessment and Quantification of Identified Claims - If an injury to a natural resource has been identified, it is then quantified in terms of the spatial and temporal extent of the injury, including the size of the area of habitat affected and the time necessary to restore the resource to a baseline condition. This phase of the NRD process typically involves taking samples and performing biological, ecological, or other surveys. Often, DEC will coordinate with the responsible party and other federal and tribal trustees to assess injuries to natural resources.
4. Damage Assessment and Resource Valuation - NRD staff work with other involved trustees and, at times, responsible parties, to determine appropriate compensation for the loss of natural resources. This compensation, (the damages) will include the cost to restore or replace the injured resources and the services they provide, and could include compensation for the public's lost use of a resource's services.
5. Negotiation and Settlement - NRD attorneys and staff work with other involved trustees to seek damages from responsible parties to fund assessments and restoration plans, often resulting in a settlement between the Trustees and responsible parties.
6. Implementation of a Restoration Plan - NRD staff consults with the public, responsible parties, co-Trustees and other state and federal agencies and Indian tribes to develop restoration plans, to oversee their implementation, and to monitor the success of restoration activities that will restore, replace, or acquire the equivalent of the injured resources and the services those resources provide.

Gowanus Canal

DEC, the U.S. Fish and Wildlife Service, and NOAA (collectively the Trustees) are conducting an NRD Assessment of Gowanus Canal in Brooklyn. The goal of the NRD Assessment process is to restore trust resources injured as a result of the historic release of hazardous substances into the environment. The Natural resources of Gowanus Canal include surface water, shoreline, recreation, and biota. The Trustees are issuing notice of availability for public comment on the proposed natural resource assessment plan, intended to identify potential restoration opportunities along Gowanus Canal. Comments on the Draft Assessment Plan for Gowanus Canal are accepted through June 14, 2024. Comments can be submitted to [email protected]

Newtown Creek

DEC, the U.S. Fish and Wildlife Service, and NOAA (collectively the Trustees) are conducting an NRD Assessment of Newtown Creek in Brooklyn & Queens. The goal of the NRD Assessment process is to restore trust resources injured as a result of the historic release of hazardous substances into the environment. The Natural resources of Newtown Creek include surface water, shoreline, recreation, and biota. The Trustees are issuing notice of availability for public comment on the proposed natural resource assessment plan, intended to identify potential restoration opportunities along Newtown Creek. Comments on the Draft Assessment Plan for Newtown Creek are accepted through May 30, 2024. Comments can be submitted to [email protected]

Hudson River

The Hudson River Environmental Trustee Council, made up of the Commissioner of DEC and representatives of NOAA and DOI, was created in 1997. The Trustee Council is developing a natural resource damage claim against General Electric for releases of PCB's in the Hudson River below Hudson Falls. The Trustee Council issued a Preassessment Screen in 1997, a Draft Scope of the Hudson River NRD Assessment Plan in 1998, and a Hudson River NRD Assessment Plan in 2002.

St. Lawrence River in Massena

The Responsible Parties, General Motors and Alcoa-Reynolds (now Arconic) released PCB's, PAH's and fluorides into land and waterways in and around Massena, NY as a result of historical aluminum casting and smelting activities. The NRD assessment process has been managed by the St. Lawrence Environmental Trustee Council (SLETC), which includes representatives from the Akwesasne Mohawks, NOAA, DOI, NYS Attorney General, and DEC. In 2013, the Trustees settled with the Responsible Parties for over $20M in NRD Restoration. SLETC is now implementing the Restoration and Compensation Determination Plan (RCDP), which describes the required natural resource restoration for injuries and ecological losses resulting from contamination of the St Lawrence River.

Copies of the consent decree documents (leaves DEC website) can be found on the US Fish & Wildlife Services' website. For additional information about the 2013 settlement, see DEC's press release.

Grasse River in Massena

DEC entered into an agreement with Arconic (PDF) to provide more than $2.25 million to protect and restore critical habitat at the Grasse River Federal Superfund site in Massena, New York. Arconic is required by the U.S. Environmental Protection Agency (EPA) to clean up contamination in the Grasse River, but was not being held to New York State's stringent standards for habitat protection, driving DEC to reach this agreement and help save critically important freshwater mussels and other natural resources.

Onondaga Lake

Honeywell (previously Allied Signal) is responsible for contamination of Onondaga Lake by (principally) mercury and ionic wastes (salts). DEC coordinated the NRD assessment activities with the Department of Interior, and has formed the Onondaga Lake Natural Resource Trustee Council. The trustee council and finalized an RCDP in August of 2017 and restoration efforts are currently ongoing. Copies of the Restoration Plan for Onondaga Lake (leaves DEC website), can be found on the US Fish & Wildlife Services' website.

For the current status after one year of work on the site, check the US FWS Fact Sheet, December 2018 (PDF, 578 KB).

Buffalo River

DEC, the U.S. Fish and Wildlife Service, and the Tuscarora Nation, collectively the Trustees, are conducting an NRD Assessment of the Buffalo River, in Buffalo, New York. The goal of the NRD Assessment process is to restore trust resources injured as a result of the release of hazardous substances to the environment. Natural resources of the Buffalo River include land, surface water, groundwater, and biota.

More information on the Buffalo River NRD Assessment, including assessment and restoration planning documents, can be found on the US Fish & Wildlife Services' website.

Natural Resource Damages Restoration Plans

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.

Completed Restoration Plans

After a restoration plan is finalized, implementation can begin. The following are final restoration plans:

• Con-Ed Farragut - Tern Nesting Governors Island Resource Restoration Project Plan (PDF) New York City Audubon has requested a budget for two field seasons of work to improve nesting habitats for the Common Tern on Governors Island. This includes expanding current management efforts to increase the current nesting colony, tracking and mapping terns to determine their migration routes, and analyzing demographics and populations of terns nesting in the Atlantic Flyway. The plan was finalized after a 30-day comment period.
• GM Tarrytown North Final Restoration Plan (PDF) The Restoration Plan is the result of a settlement of the natural resource damages claim for injury related to the Former GM Tarrytown North site. This plan details guidelines for restoration projects to be done in the surrounding area, affecting the Hudson River and the Pocantico River. The plan will be finalized after a 30 day comment period. Appendix A - Completed Restoration Project Idea forms (PDF, 9 MB), Appendix B - Comments and Responses to Restoration Plan (PDF).
• Shu Swamp Acquisition Restoration Plan (PDF) The Restoration Plan is the result of a settlement of the natural resource damages claim for groundwater injury related to the New Cassel Industrial Area (NCIA). Under the plan, New York State will acquire two seven-acre parcels in the Oyster Bay Special Groundwater Protection Area ("SGPA") for preservation purposes. Under the Restoration Plan, the New York State Department of Parks, Recreation and Historic Preservation will purchase the parcels with $950,000 of the NCIA settlement funds. The acquisitions in this Restoration Plan will benefit groundwater resources in Nassau County by preventing runoff and septic leachate associated with new development from entering the aquifer. The parcels are located within the Shu Swamp-Beaver Brook watershed and include Class I freshwater wetlands and a Class C stream. They are part of a 200 acre network of public and privately protected land that includes the Smithers Estate Preserve, Charles T. Church Preserve (Shu Swamp Preserve), Beaver Lake/Beaver Dam Preserve (all owned by Nassau County) and several conservation easements held by the North Shore Land Alliance.
   
• Unisys Corporation State Superfund Site Restoration Plan (PDF) The Restoration Plan is the result of a settlement between NYSDEC and Lockheed Martin, for natural resource damages at the Unisys State Superfund Site located in the Village of Lake Success, Town of North Hempstead, Nassau County, New York. NYSDEC sought 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 has been designated for restoration projects impacting groundwater in and around Lake Success and North Hempstead. Settlement funds must be used to compensate for those injuries by restoring natural resources, supporting habitat, and/or services provided by the injured resources.
• Freshwater Oxbow Wetland Restoration Project Plan (PDF) The restoration project plan is the result of a settlement between NYSDEC and Consolidated Edison Company of New York for injury to natural resources resulting from a spill of dielectric fluid which reached the Bronx River in September 2015. The settlement awarded NYSDEC $50,000 as the Trustee of natural resources in the state. These funds were directed to the New York City Department of Parks and Recreation to expand efforts to restore a channel on the east side of an island in the Bronx River. These funds allow for the creation of an oxbow floodplain wetland of approximately 0.7 acres. The restoration funds allow for construction of a more complex natural system that is resilient to flooding and provide for the planting of native trees, shrubs and herbaceous plants that will increase biodiversity and habitat for native wildlife.
• Van Name Van Pelt Park: North Staten Island Restoration Plan (PDF) 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) 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) 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). Appendix B - Project Costs (PDF).
• BASF Restoration Plan(PDF) 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.

Memorandum of Understanding

Memorandum of Understanding related to Akzo NRD (PDF, 6.51 MB)