What Happened?
On January 22nd 2016, in Chesapeake Virginia, South Hill Terminal Facility was transferring fuel and accidentally over-filled a tank leading to a release of 75,222 gallons of jet fuel. This facility is owned by Kinder Morgan Terminals who were involved in cleanup of the site. The Trustees determined that the cleanup did not compensate for the natural resources damages. Together Virginia Department of Environmental Quality and the U.S. Fish and Wildlife Service (collectively the Natural Resource Trustees) worked cooperatively with Kinder Morgan to review site-specific data and evaluate a reasonable range of restoration alternatives to compensate for injuries to natural resources and lost services to reach a cost-effective resolution of the NRDAR process.
What Were the Impacts?
The DOI resource that was impacted were migratory birds. The released oil was contained, but 75 migratory birds including American black duck (Anas rubripes), mallards (Anas platyrhynchos), and Canada geese (Branta canadesis), landed in the contained area that night becoming oiled. The following day, January 23rd 2016, volunteers from the Virginia Beach Society for Prevention of Cruelty to Animals (SPCA) responded to recover and rehabilitate the oiled birds.
What’s Happening Now?
Settlement was reached between the Trustees and Kinder Morgan on April 3rd, 2018 for natural resource damages. This settlement provides funding for restoration projects and reimbursement to the trustees for assessment and restoration costs. A final Damage Assessment and Restoration Plan (DARP), following the public comment period, was completed in June 2017 outlining the injuries and what restoration will be completed to make the community whole. A total of 4 restoration alternatives were evaluated leading to the choice of alternative 4- enhancement of habitat. Rehabilitation of waterfowl impoundments at the Department of the Interior’s Back Bay National Wildlife Refuge (BBNWR) was chosen as the most appropriate restoration option for the natural resource injured and services lost. BBNWR is an important resting and feeding area for migratory birds and is located on the Atlantic Flyway in Virginia Beach, VA. The 900-acre freshwater impoundment complex provides needed habitat for migratory birds. Restoration of this impoundment will improve approximately 225 feet of eroded shoreline. By way of the wildlife observation, photography, hiking, and interpretation opportunities associated with this area for over 70,000 visitors annually, this project helps support the DOI’s goal of Expanding Outdoor Recreation and Access - Enhancing public satisfaction at DOI sites.
After securing all permits for the work, Ducks Unlimited broke ground May 13, 2019. The project completion date is estimated as end of summer 2019.