Overview of Restoration Planning Sample Clauses

Overview of Restoration Planning. Upon completion of emergency response, containment and cleanup activities by EMPCo, the Trustees and EMPCo elected to forego active primary restoration of habitats impacted at the individual spill sites and rely on natural recovery as actions to remove oil from sediments could have exacerbated the injury. In addition, they agreed to quantify and address injury based on the development of reasonable and protective estimates of injury and pursue compensatory restoration for habitat and bird injury. For compensatory restoration, OPA and OSPRA regulations clearly establish trustee responsibility to seek compensation for interim losses (i.e., temporal service losses during the recovery period) pending recovery of the natural resources if technically feasible, cost-effective alternatives exist to compensate for these losses. Since interim losses would continue to accrue during the recovery period and technically feasible, cost- effective alternatives existed to compensate for these losses, the Trustees and EMPCo elected to proceed with identifying potential compensatory restoration alternatives. The Trustees and EMPCo continued to work cooperatively over several years to identify and evaluate potential restoration alternatives that would provide appropriate compensation for the Incidents. In October 2016, EMPCo and the Trustees agreed to settle the Trustees’ NRDA claim for cash, in lieu of EMPCo implementing a restoration project. It was determined that compensatory restoration of 15.5 acres of salt xxxxx habitat and 8.0 acres of fresh xxxxx habitat would be required to compensate for interim losses of ecological services resulting from the Incidents. The Trustees developed a cash settlement dollar amount predicated on costs associated with a future Trustee-implemented restoration alternative involving the creation of salt xxxxx and fresh xxxxx habitats.
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