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Case Documents

Case: Athos Spill, PA, NJ, and DE

Laws and Regulations/Legal Documents

  1. Referenced Laws, Regulations, and Agreements

    1. Oil Pollution Act (OPA) of 1990, 33 U.S.C. 2701 et seq Linking to a non-federal government web site.This link does not imply endorsement.
    2. Natural Resource Damage Assessment Regulations under OPA,15 CFR Part 990
    3. OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT,33 CFR PART 136

Trustee Coordination and Management

  1. Correspondence

    1. With Response
    2. USCG Investigation into the Striking of Submerged Objects by the Tank VesselAthos Iin the Delaware River on November 26, 2004 with a Major Discharge of Oil, January 19, 2006.
    3. USCG Press Release, Document Number: 88, Delaware River Oil Spill Update #21 and Third Party Claims Process forAthos IOil Spill Claims Changing, February 16, 2005.
    4. T/S Athos IEvaluation Report, August 25, 2005.
    5. National Pollution Funds Center Policy CN05, NRD Contingency Payments, January 24, 2007.
    6. With Responsible Parties
    7. Memorandum of Understanding Between the International Group of P I Clubs and the National Oceanic and Atmospheric Administration Damage Assessment, Remediation, and Restoration Program, October 16, 2007.
    8. Letter onAthos ISpill, Invitation to Participate in NRDA, June 21, 2005.
    9. Letter onAthos ISpill - Delaware River, Invitation to Participate in Natural Resource Damage Assessment, May 24, 2005.
    10. Letter onAthos ISpill, Invitation to Participate in Damage Assessment, March 9, 2005.
    11. Letter regarding funding for joint preassessment/assessment activities, January 14, 2005.
    12. Letter regarding NRDA upfront funding, January 7, 2005.
  2. Memoranda of Understanding/Memoranda of Agreement

    1. Memorandum of Agreement Among the National Oceanic and Atmospheric Administration, U.S. Department of the Interior, State of Delaware, State of New Jersey, and the Commonwealth of Pennsylvania Regarding Natural Resource Damage Assessment, Restoration and Activities Arising fromAthos ISpill in the Delaware River, April 11, 2005.

Preassessment Phase

  1. Athos IChemistry Data.
  2. Preassessment Data Report,Appendix a, b, and c;Appendix d and e;Appendix f and g;Appendix h and i, June 2006.
  3. Map of Approximate location of theAthosOil Spill in the Delaware River.
  4. The Scientific Characterization of the Delaware Estuary, April 1996. Linking to a non-federal government web site.This link does not imply endorsement.
  5. Commercial Fishing in Delaware 2000.
  6. Toxicological Benchmarks for Wildlife: 1996 Revision, June 1996.

Restoration Planning

  1. Injury Assessment

    1. General

      1. Discounting and the Treatment of Uncertainty in Natural Resource Damage Assessment, Technical Paper 99-1, February 19, 1999.

      Aquatic Injury Assessment

      1. Final Report Aquatic Injury AssessmentM/T Athos Ioil spill, Delaware River System;Appendix C;Appendix D;Appendix D-2 part 1;Appendix D-2 part 2;Appendix D-2 part 3; Appendix D Supplemental (Sedimentary environments maps and sediment sampling maps) available upon request;Appendix E; Appendix F-1 (Narcotic potency of the PAH mixture in source oil), F-2 (Preliminary evaluation of risks posed by oil), and F-3 (Assessment of benthic toxicity associated with PAHs in aquatic sediments) available upon request;Appendix G-1,G-2,G-3;Appendix G-4, June 21, 2007.
      2. The University of North Carolina at Chapel Hill, Shoreline and Aquatic Peer Review Comments, Dr. Charles H. Peterson, October 31, 2006.
      3. RP Comments on the Draft Aquatic Injury Report, June 8, 2006.
      4. Trustees Responses to RP Comments on Draft Aquatic Injury Report, 2006.
    2. Bird and Wildlife Injury Assessment

      1. Final Report Bird and Wildlife Injury Assessment,M/T Athos Ioil spill, Delaware River System; Appendix B (Calculations for Estimating Bird Populations) available upon request, June 22, 2007.
      2. General Comments on Final Draft Bird and Wildlife Injury Assessment: M/TAthos IOil Spill, Delaware River System, April 12, 2006.
      3. Trustee Response to RP 12 April 2006 Comments on the Draft Final Birds and Wildlife Injury Assessment Report, June 20, 2006.
      4. AthosOil Spill Comments on Bird and Wildlife Injury Assessment, Michael Fry, December 21, 2006.
    3. Lost Use Injury Assessment

      1. Athos/Delaware River Lost Use Valuation Report, March 29, 2007 (Report modified September 2008 to include a discount factor and to account for inflation to July 2008 dollars).
      2. Benefit Transfer of Outdoor Recreation Use Values, 2001.
      3. Trustee Response to Comments of the Responsible Party Lost Use Valuation Report, October 10, 2006.
      4. Comments of the Responsible Party to the March 9, 2006Athos/Delaware River Lost Use Valuation Report, April 7, 2006.
      5. Valuation of lost and substitute trips for theAthos Iassessment, March 19, 2007.
      6. Comments of the Lost Use Valuation Study, Dr. George Parsons, April 16, 2007.
      7. Response to review of Dr. George Parsons regarding theAthos/Delaware River Lost Use Valuation Report, April 17, 2007.
      8. Comments on "Comments of the Responsible Party to the March 9, 2006Athos/Delaware River Lost Use Valuation Report", George R. Parsons, May 9, 2007.
    4. Shoreline Injury Assessment

      1. Final Report Shoreline Injury Assessment,M/T Athos Ioil spill;Map Index; Appendix C and D available upon request, March 21, 2007.
      2. Response to Polaris Comments on Draft Shoreline Injury Assessment:M/T Athos Ioil spill, January 27, 2006.
      3. The University of North Carolina at Chapel Hill, Shoreline and Aquatic Peer Review Comments, Dr. Charles H. Peterson, October 31, 2006.
  2. Restoration Selection

    1. Draft Damage Assessment and Restoration Plan and Environmental Assessment for theAthos IOil Spill, January 2009.
    2. Final Restoration Plan and Environmental Assessment for the Athos I Oil Spill, September 2009.
    3. Finding of No Significant Impact for the Athos I Spill, September 2009.
    4. General

      1. The Scientific Characterization of the Delaware Estuary, April 1996. Linking to a non-federal government web site.This link does not imply endorsement.
      2. Commercial Fishing in Delaware 2000.
      3. Factors to Evaluate Proposed Restoration Projects under the Oil Pollution Act Delaware River/M/T Athos IOil Spill.
    5. Aquatic Resources

      1. Restoration Scaling of Benthic, Aquatic, and Bird Injuries to Oyster Reef and Marsh Restoration Projects, April 16, 2002.
      2. Oyster Workshop Power Point Presentation, Delaware Division of Fish and Wildlife, March 8, 2007.
      3. Report of the 2007 Stock Assessment Workshop (9th SAW) for the New Jersey Delaware Bay Oyster Beds, 2007.
      4. 2005 Shell-Planting Program in Delaware River, Report to the U.S. Army Corps of Engineers.
      5. Final Report of Survey of Benthos: Delaware Estuary: From the Area of the C D Canal through Philadelphia to Trenton, December 15, 1993.
      6. White Paper on the Status and Needs of Science in the Delaware Estuary, January 25, 2006. Linking to a non-federal government web site.This link does not imply endorsement.
    6. Bird and Wildlife

      1. Restoration Scaling of Benthic, Aquatic, and Bird Injuries to Oyster Reef and Marsh Restoration Projects, April 16, 2002.
      2. The Ecology of Intertidal Oyster Reefs of the South Atlantic Coast: A Community Profile, May 1981.
      3. Final Restoration Plan and Environmental Assessment for the April 7, 2000 Oil Spill at Chalk Point on the Patuxent River, Maryland;Appendices, November 2002.
      4. Mitigation Project Monitoring Reports for Tidal Wetland, Checklist for Completeness, New Jersey Department of Environmental Protection, August 2000.
      5. Federal Manual for Identifying and Delineating Jurisdictional Wetlands, January 1989.
      6. Specifications and Terms for Leasing Agricultural Land, Delaware Division of Fish and Wildlife.
      7. Project Description- Blackbird Reserve, Delaware Department of Natural Resources and Environmental Control, 2008.
      8. Restoration Scaling Paper for Injuries to Birds, August 22, 2008.
      9. Range, Wildlife and Fisheries Management, Management of Waste Corn for Waterfowl Wintering on the Texas High Plains.
      10. Waterfowl Management Handbook, 13.4.3, Managing Agricultural Foods for Waterfowl, 1990.
      11. Data forTrifolium repens , Handbook of Energy Crops, 1983. Linking to a non-federal government web site.This link does not imply endorsement.
      12. Differential Response of Fine Fescue Cultivars to Nonthermal Residue Management, 2002. Linking to a non-federal government web site.This link does not imply endorsement.
      13. UC SAREP Cover Crop Resource Page. Linking to a non-federal government web site.This link does not imply endorsement.
      14. New Castle County, Delaware, Corn for Grain, 2003-2007.
    7. Lost Use

      1. Augustine Beach Breakwater Shoaling Study, November 1989.
      2. Little Tinicum Island Trail and Habitat Enhancement Draft Proposal, January 19, 2006.
      3. New Castle County, Prioritized Areas Requiring Attention, March 2006.
      4. NJDEP Priority Restoration Site Information, August 2006.
      5. The Diadem Trail on Little Tinicum Island in the Delaware River.
      6. Little Tinicum Island Map.
    8. Shoreline

      1. Discounting and the Treatment of Uncertainty in Natural Resource Damage Assessment, Technical Paper 99-1, February 19, 1999.
      2. Lower Darby Creek Area, Darby Township, PA, EPA Facility ID: PASFN0305521.
      3. Impact of Dam Removal on Fish and Macroinvertebrate Populations: Pennsylvania's Observations, 2007.
      4. Final Damage Assessment/Restoration Plan and Environmental Assessment M/V Westchester Crude Oil Discharge, December 21, 2001.
      5. A Guide to the Natural Communities of the Delaware Estuary, NatureServe, June 2006. Linking to a non-federal government web site.This link does not imply endorsement.
      6. Restoration Scaling Paper for Injuries to Non-Tributary Shorelines, April 22, 2008.
      7. Restoration Scaling Paper for Tributary Injuries, April 17, 2008.

Public Outreach and Involvement

  1. Public Outreach

    1. Federal, State Natural Resource Agencies Receive $27.5 Million to Restore Delaware River Damaged by 2004 Oil Spill(Press Release), November 15, 2010.
    2. Athos Trustee Presentation to the Deleware Riverkeeper Network, February 13, 2009.Sign-in sheet.
    3. NOAA and Partners Share Plan to Restore Delaware River from 2004 Oil Spill(Press Release), January 6, 2009.
    4. Notice of Availability of a Draft DARP/EA for theM/V ATHOS IOil Spill, January 6, 2009.
    5. M/TAthos IPreferred Restoration Projects (Fact Sheet), December 2008.
    6. M/TAthos IDelaware River Oil Spill, (Fact Sheet), October 2006.
    7. Notice of Intent to Conduct Restoration Planning, July 3, 2006.
    8. Scoping Letter sent to public soliciting ideas, December 16, 2005.
    9. Attachments to Scoping Letter sent to public, December 16, 2005.
    10. List of people receiving the Scoping Letter, December 16, 2005.
    11. Copies of Scoping Letter sent to public, December 16, 2005.
    12. "M/TAthos IDelaware River Oil Spill," Office of Response and Restoration, November 2005.
    13. T/VAthos IDelaware River Oil Spill, (Fact Sheet), January 2005.
  2. Public Comments

    1. Responses to Scoping Letters

      1. Response to scoping letter from Maya K. van Rossum, January 18, 2006.
      2. Response to scoping letter from Nicholas A. DiPasquale, January 12, 2006.
      3. Response to scoping letter from Kathy Klein, January 10, 2006.
      4. Response to scoping letter from Andrew T. Manus.
      5. Response to scoping letter from Tom Witmer.
    2. Comments Submitted During Public Review of draft DARP/EA

      1. American Bird Conservancy comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 20, 2009.
      2. American Rivers comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 11, 2009.
      3. Borough of Lansdowne comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 11, 2009.
      4. Delaware County (PA) Conservation District comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 12, 2009.
      5. Delaware County (PA) Planning Department comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 17, 2009.
      6. The International Tanker Owners Pollution Federation Limited (ITOPF) comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 20, 2009.
      7. Frescati Shipping Company Ltd., and Tsakos Shipping & Trading S.A. comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 20, 2009.
      8. Fairmount Park and Delaware River City Corporation comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 20, 2009.
      9. Delaware Riverkeeper Network comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 19, 2009.
      10. Comments from Lillian Ballard on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, January 11, 2009.
      11. CITGO Petroleum Corporation comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 17, 2009.
      12. ENTRIX, Inc. comments on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 20, 2009.
      13. Comments from B. Sachau on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, January 6, 2009.
      14. Comments from Michelle Jonovic on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 21, 2009.
      15. Comments from Mark Renna on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, February 22, 2009.
      16. Comments from Congresswoman Allyson Schwartz on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, January 22, 2009.
      17. Comments from Laurie Strong on the Athos Draft Damage Assessment and Restoration Plan and Environmental Assessment, January 8, 2009.

Copyrighted Materials Cited in Case Documents

  1. Di Toro, D.M., J.A. McGrath, and D.J. Hansen. 2000. Technical Basis for Narcotic Chemicals and Polycyclic Aromatic Hydrocarbon Criteria. I. Water and Tissue. Environmental Toxicology and Chemistry. 19(8):1951-1970.
  2. Dove, L.E. and R.M. Nyman, eds. 1995. Living Resources of the Delaware Estuary. The Delaware Estuary Program. 530 pp. & appendices.
  3. Doyle, M.W., E.H. Stanley, C.H. Orr, A.R. Selle, S.A. Sethi, J.M. Harbor. 2005. Stream Ecosystem Response to Small Dam Removal: Lessons from the Heartland. Geomorphology 71(2005):227-244.
  4. French McCay, D.P and J.J. Rowe. 2003. Habitat Restoration as Mitigation for Lost Production at Multiple Trophic Levels. Marine Ecology Progress Series. 264:233-247.
  5. Hart, D.D., T.E. Johnson, K.L. Bushaw-Newton, R.J. Horwitz, A.T. Bednarek, D.F. Charles, D.A. Kreeger, D.J. Velinsky. 2002. Dam Removal: Challenges and Opportunities for Ecological Research and River Restoration. BioScience 52(8):669-681.
  6. Hess, G.K., R.L. West, M.V. Barnhill III, and L.M. Fleming. 2000. Birds of Delaware. University of Pittsburgh Press, Pittsburgh, Pa.
  7. Kanehl, P.D., J. Lyons, J.E. Nelson. 1997. Changes in the Habitat and Fish Community of the Milwaukee River, Wisconsin, Following Removal of the Woolen Mills Dam. North American Journal of Fisheries Management. 17(2):387-400.
  8. Leblanc, Y. 1987. Egg mass, position in the laying sequence, and brood size in relation to Canada goose reproductive success. Wilson Bulletin 99(4):663-672.
  9. Mitsch, W.J. and J.G. Gosselink. 1986. Wetlands (1st ed.). Van Nostrand Reinhold Co., New York, NY.
  10. Neff, J.M., S.A. Stout, and D.G. Gunster. 2005. Ecological risk assessment of polycyclic aromatic hydrocarbons in sediments: Identifying sources and ecological hazards. Integrated Environmental Assessment and Management 1(1): 22-33.
  11. Nichols, F.H. 1975. Dynamics and Energetics of Three Deposit-Feeding Benthic Invertebrate Populations in Puget Sound, Washington. Ecological Monographs: 45(1):57-82.
  12. Peterson, C.H., M. Wong, M.F. Piehler, J.H. Grabowski, R.R. Twilley, and M.S. Fonseca. In preparation. Estuarine Habitat Productivity Ratios at Multiple Trophic Levels. In preparation.
  13. Price, K.S., R.A. Beck, S.M. Tweed, and C.E. Epifanio. 1988. Fisheries. In T.L. Bryant and J.R. Pennock (eds.) The Delaware Estuary: Rediscovering a Forgotten Resource. University of Delaware Sea Grant College Program, Newark, Del.
  14. Shafroth, P.B., J.M. Friedman, G.T. Auble, M.L. Scott, J.H. Braatne. 2002. Potential Responses of Riparian Vegetation to Dam Removal. BioScience 52(8):703-712.
  15. Soltwedel, T. 2000. Metazoan Meiobenthos along Continental Margins: A Review. Progress in Oceanography 46:59-84.
  16. Strange, E., H. Galbraith, S. Bickel, D. Mills, D. Beltman, and J. Lipton. 2002. Environmental Assessment, Determining ecological equivalence in service-to-service scaling of salt marsh restoration. Environmental Management 29(2): 290-300.
  17. Venterink, H.O., R.E. van der Vliet and M.J. Wassen. 2001. Nutrient limitation along a productivity gradient in wet meadows. Plant and Soil 234:171-179.
  18. Warner, R.E., S.P. Havera, L.M. David, and R.J. Siemens. 1989. Seasonal Abundance of Waste Corn and Soybeans in Illinois. The Journal of Wildlife Management, Vol. 53, No. 1 (Jan., 1989), pp. 142-148.
  19. Weslager, C.A. and L. Heite. 1988. History. In T.L. Bryant and J.R. Pennock (eds.) The Delaware Estuary: Rediscovering a Forgotten Resource. University of Delaware Sea Grant College Program, Newark, Del.
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