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Natural
Resource Damage Assessment
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Ace Tank1998 - In the Matter of Ace Tank & Equipment Company. Agreement and Covenant Not to Sue Ace Tank & Equipment Company. This Agreement required Ace Tank to perform remedial work on the upland area in exchange for covenants not to sue from the United States and the Puyallup and Muckleshoot Tribes. A portion of the settlement payments ($65,000.00) was made to the Trustees and deposited in the Commencement Bay Restoration Account. Related Documents:
City of Tacoma1997 - United States et al., State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe v. The City of Tacoma and the Tacoma Public Utility, Civ. No. C97-5336RJB (W.D. Wash., Dec. 30, 1997). Under the Agreement, the City was to construct, monitor and maintain five habitat restoration projects (Middle Waterway, Swan Creek, Tahoma Salt Marsh, Hylebos Marsh, and Olympic View) in the Commencement Bay area in cooperation with the trustees (total project expenditures of $3,364,929). The City provided $500,000.00 to fund Trustee involvement in the restoration projects, and an additional $500,000.00 to support tribal trustees in overseeing the projects and enforcing environmental regulations. The City operated a pollution-reporting hotline and provide ancillary support services for five years (at a cost of $75,000.00), and provided up to $250,000.00 of in-kind services for both restoration planning and implementation and for further efforts to identify and quantify natural resource injuries requiring restoration. In addition, the City reimbursed $227,000.00 of the trustees' past damage assessment costs. The value of the funds and services under the settlement totals $4,916,929.00. The parties stipulated that the real property the City and the Tacoma Public Utility made available for restoration projects totaled $2,721,818.00. Related Documents:
Simpson/Champion1991 - United States et al., State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe v. Simpson Tacoma Kraft Company, Champion International Corporation and Washington Department of Natural Resources, Civ. No. C91-5260TC (W.D. Wash., Dec. 13, 1991). St. Paul Waterway Problem Area. The settlement recognized the work done by Simpson Tacoma Kraft Company and Champion International Corporation (owners and operators of pulp mill) in creating new intertidal habitat in connection with the remediation of a 17-acre area of St. Paul Waterway. WDNR’s (owner of contaminated submerged lands) contribution to the settlement included an agreement to make aquatic lands with a value of up to $200,000 available for habitat restoration project activities. The area had been contaminated by past releases of hazardous substances from the Tacoma Kraft Mill. In addition, the companies agreed to provide:
Related Documents:
Port of Tacoma1993 - United States et al., State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe v. Port of Tacoma, Civ. No. C93-5462 (W.D. Wash., Oct. 8, 1993). The Port of Tacoma paid $12,000,000.00 (less a $35,555.56 credit for prior damage assessment funds contributions) into a court registry account over a six-year period. The funds are being used by the Trustees to develop habitat restoration projects that benefit injured Commencement Bay natural resources. The trustees used a portion of the funds for additional baywide natural resource damage assessment activities. In addition, the Port agreed to permit the Trustees to use a 100-foot-wide strip of property along Hylebos Creek to develop a habitat restoration project and granted the Trustees an option to purchase an additional area of property for restoration purposes. The Port also reimbursed $335,000.00 of the trustees' past damage assessment costs. Related Documents:
Simpson, Champion, Washington Department of Natural Resources1996 - United States et al., State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe v. Simpson Tacoma Kraft Company, Champion International Corporation, and Washington Dept. of Natural Resources, Civ. No. C91-5260TC (W.D. Wash., April 1, 1996)—Amendment No. 1. Under this agreement, the 1991 settlement was amended to address the companies' baywide natural resource damage liabilities. In this settlement, the companies agreed to provide the land, services, and most of the funding needed to develop the Middle Waterway Shore Restoration Project. The Trustees agreed to apply a portion of the funds ($275,000.00) from the 1991 settlement toward the rest of the project's $1,205,000.00 cost. Related Documents:
Washington Department of Natural Resources1997 - United States et al., State of Washington through the Washington Department of Ecology, Puyallup Tribe of Indians and Muckleshoot Indian Tribe v. State of Washington through the Washington Department of Natural Resources (WDNR), Civ. No. C97-5337RJB (W.D. Wash., Dec. 30, 1997). This baywide settlement extended the 1991 settlement with WDNR to cover WDNR's Commencement Bay-wide natural resource damage liabilities. Under the settlement, WDNR made available to the Trustees three parcels of state-owned aquatic lands (8.3 acres) for collaborative future habitat restoration projects, provided in-kind services to help develop the restoration projects, agreed to consult with the Trustees regarding WDNR activities that may be detrimental to Commencement Bay natural resources, and agreed to work in good faith to identify needed corrective measures. Related Documents:
Hylebos SettlementsThe Trustees managed the resolution of natural resource damage claims relating to the Hylebos Waterway through a coordinated process that involved a formal allocation of liability with a public review and comment process followed by settlement negotiations with individual potentially responsible parties (PRPs) or groups of PRPs. PRPs were given the option to enter into cash-out settlements or settlements that involved the construction of restoration projects designed to offset the liability of the settling party or parties. Additional information about the proposal, appendices and comments received are available at the Hylebos Settlements Proposal page. To date the settlement process has produced the following settlements.
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