ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

MOBILE AND BALDWIN COUNTIES

NOTICE OF REQUEST FOR A REVIEW OF A FEDERAL AGENCY’S CONSISTENCY DETERMINATION FOR A PROPOSED FEDERAL ACTION
PUBLIC NOTICE - 591

The Alabama Department of Environmental Management (ADEM) hereby gives notice that the Deepwater Horizon (DWH) Regionwide Trustee Implementation Group (TIG) for the Deepwater Horizon Oil Spill has requested, in accordance with Title 15 C.F.R. 930 Subpart C, review of a proposed federal action pursuant to ADEM Administrative Code division 335-8.

The DWH TIG is comprised of Federal Trustees: the U.S. Department of the Interior (DOI), the National Oceanic and Atmospheric Administration (NOAA), the U.S. Department of Agriculture (USDA), the U.S. Environmental Protection Agency (EPA); the Alabama state trustee the Alabama Department of Conservation and Natural Resources, as well as State Trustees representing Florida, Mississippi, Louisiana, and Texas.   The DWH TIG prepared a draft restoration plan titled “Regionwide Trustee Implementation Group Draft Restoration Plan and Environmental Assessment 1: Birds, Marine Mammals, Oysters, and Sea Turtles” (RP/EA 1). The plan includes eleven projects for implementation, eight of which require review by Alabama for consistency with the Alabama Coastal Area Management Program (ACAMP).  The eight projects are: Voluntary Modifications to Commercial Shrimp Lazy Lines to Reduce Dolphin Entanglements; Restore and Enhance Sea Turtle Nest Productivity on Gulf of Mexico Beaches; Reducing sea turtle bycatch at recreational fishing sites; Region-wide Enhancements to the Sea Turtle Stranding and Salvage Network, and Enhanced Rehabilitation; Reducing Marine Debris Impacts on Birds and Sea Turtles; Conservation and Enhancement of Nesting and Foraging Habitat for Birds; Region-wide Bird Nesting and Foraging Area Stewardship; and Improving Resilience for Oysters by linking Brood Reefs and Sink Reefs.

The Draft RP/EA 1 proposes restoration that can address some of the public’s losses caused by the DWH Oil Spill for birds, oysters, marine mammals and sea turtles. All the proposed projects have been developed to meet the goals of the PDARP/PEIS. For the Bird Restoration Type projects, the goals are to reduce threats from marine debris, restore foraging and nesting habitat and to increase stewardship of nesting and foraging habitat. For the Marine Mammal Restoration type, the goals are to enhance diagnostic capabilities and consistency of the Gulf of Mexico Marine Mammal Stranding Networks, reduce bottlenose dolphin interactions with shrimp trawlers, and to collect data to inform future restoration projects that reduce injuries from recreational fishing and other recreational activities. For the Oyster Restoration Type, the goals are to restore oyster reefs across to the Gulf of Mexico and to increase resilience of oyster populations by linking brood reefs and sink reefs. For Sea Turtle Restoration Type projects, the goals are to implement restoration approaches to address all injured life stages including both nesting and in water; reduce primary threats to sea turtles including from marine debris and recreational fishing to enhance the Sea Turtle Stranding and Salvage Networks and to collect data on the inshore and nearshore shrimp fishery to inform future restoration efforts Collectively, all of these proposed projects will aid in the recovery of these species groups injured by the DWH Oil Spill

The DWH TIG has determined that the eight projects are consistent to the maximum extent practicable with the enforceable policies of the ACAMP.

Any person wishing to make comments or provide additional information relative to the eight projects’ consistency with the ACAMP must submit such comments or information by letter or by email to ADEM at the address below within fifteen (15) calendar days following the publication date of this notice. Only those comments, which address issues within the Department’s scope of authority, can be considered. All correspondence regarding this proposal should reference application number ACAMP-2021-267

J. Scott Brown, Chief
Mobile Branch Office
Alabama Department of Environmental Management
3664 Dauphin Street, Suite B
Mobile, Alabama 36608-1211
Coastal@adem.alabama.gov

Copies of all information submitted are available for public inspection at the ADEM office located at the above address Monday – Friday (except legal holidays), 8:00 am to 5:00 pm. Arrangements for copying should be made in advance. This Public Notice is available on the internet at http://adem.alabama.gov/newsEvents/publicNotices.cnt. The ADEM Division 335-8 rules are available on the internet at adem.alabama.gov.

After consideration of all written comments and consideration of the requirements of the Alabama Coastal Area Management Act and ADEM Coastal Program rules, the Department will make a final determination.  The Department’s determination, associated documents and all comments received during the public comment period will be available for inspection at the ADEM office located at the above address during normal working hours.  Notice of the final permit decision will be sent to any person who requests such notice, in writing, during this comment period.

Notice is hereby given this 28th day of April, 2021, by authorization of the Alabama Department of Environmental Management.

________________________
Lance R. LeFleur,
Director

Nondiscrimination Statement: The Department does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the administration of its programs.