Background and Context

• Where can I find more detailed information on the Trustees’ plans for restoration?
  • In order to provide a framework for restoration at the site, the Trustees published a Restoration Plan and Programmatic Environmental Impact Statement for Restoration (PDF, 297 pages) in 2016. The restoration plan identifies and evaluates restoration alternatives and describes the preferred restoration alternative that the Trustees believe is the best option to restore injured natural resources and services at the site. Find more at the NOAA Kalamazoo River case page, or Administrative Record. All other information can be found through the U.S. Fish and Wildlife Service’s website.
     
• What is the relationship between response actions and Natural Resource Damage Assessment and restoration actions?
  • In 1990, the United States Environmental Protection Agency added the Kalamazoo River to the National Priorities List (NPL). The NPL is the list of hazardous waste sites in the United States eligible for long-term response actions (clean-up activities) managed by the federal Superfund program. Generally, the response actions address risks to human health and the environment from contamination while the focus of Natural Resource Damage Assessment and restoration actions are to return natural resources and the services they provide to their baseline condition (i.e., the level of services that would have existed but for the release), and to compensate for “interim” losses, or the effects of contamination over space and time. The Kalamazoo River Natural Resource Trustees coordinate their restoration activities with Superfund response actions being completed by the Environmental Protection Agency and the State of Michigan.

• Why are the Kalamazoo River Natural Resource Trustees pursuing restoration now?
  • The injury assessment is ongoing at the site, and thus, the Trustees have not completed the assessment and quantification of injury and service loss. However, the Trustees have decided to initiate restoration now because the Trustees have recovered partial damages for the site from settlements with responsible parties, including but not limited to, bankruptcy settlements.
  • The intent of the restoration is to compensate the public for harm to natural resources and lost uses, and the sooner the restoration can begin, the sooner those benefits can be achieved. The Trustees are therefore initiating this call for restoration projects, focusing on the resources and services for which the injury studies conducted to date, including assessment work in support of bankruptcy settlements, have determined that contaminant levels were sufficient to cause harm to natural resources.

Determining Injury and Planning for Restoration

• What was the injury?
  • Industrial activities on the Kalamazoo River and Portage Creek released polychlorinated biphenyls (PCBs) to those waterways and the surrounding environment. As a result, the U.S. EPA designated areas downstream of the releases of PCBs as the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site. PCBs from the site have contaminated water, sediments, and floodplain soils across approximately 80 miles of the Kalamazoo River. Impacts extend downstream along the Kalamazoo River from the Morrow Dam to Lake Michigan, as well as in the lower three miles of Portage Creek. PCB concentrations in sediment, floodplain soils, surface water, and fish throughout the area exceed levels known to impair reproduction and growth in bald eagles and other birds, bottom-dwelling invertebrates, fish, and mink. Consumption advisories (PDF, 94 pages) are in effect for all fish in the affected area, and several species are considered unsafe for human consumption.
     
• Who are the Natural Resource Trustee agencies and what is their role in restoration?
  • The Trustee agencies are the U.S. Fish and Wildlife Service, the Michigan Department of Environment, Great Lakes, and Energy, the Michigan Department of Natural Resources, the Michigan Department of Attorney General, and the National Oceanic and Atmospheric Administration.
  • Their role is to assess the natural resource injuries caused by the releases of PCBs into the Kalamazoo River environment and implement restoration to compensate the public for losses caused by releases of PCBs.
     
• How do the Trustees assess injury?
  • The Trustees assess injuries by studying how natural resources are exposed to contaminants, whether the contaminant exposure has led to adverse effects, how severely the natural resources are impacted (or “injured”), over how large an area and in what habitat types they are impacted, and for how long they are impacted.
     
• How do the Trustees address these injuries?
  • The Trustees develop a claim for natural resource damages based on the amount and types of injuries that have occurred and may be continuing to occur. As part of developing that claim, the Trustees seek and evaluate environmental restoration projects that benefit the same types of natural resources that have been injured by PCBs. The Trustees seek public input on the alternative projects and seek to have the companies that released the PCBs into the environment either implement the projects or provide funding to the Trustees to do so. This is most often done through a legal settlement. If settlement is not reached, the Trustees may litigate their claim for natural resource damages in court.
     
• How will the restoration projects address the injury?
  • Restoration activities are complementary to cleanup, which is ongoing within the site and is being led by U.S. EPA. Natural resource restoration focuses on improving ecological qualities in aquatic, riparian, and upland habitats to compensate for the injuries incurred due to the contamination. The amount and types of restoration are based on the amount and types of injuries and the length of time that injuries occur. The overall goal of this restoration program is to benefit the natural resources that were injured by PCBs by contributing to restoring and maintaining a riverine ecosystem with structural and functional components similar to those of the historical Kalamazoo River corridor, before it was degraded by dams and waste disposal. The scope of restoration includes improving habitat quality and enhancing the fish and wildlife of the Kalamazoo River watershed, as well as improving related human-use services, such as natural resource-based recreation. 

Funding Restoration Projects

• What types of projects will the Trustees consider for restoration funding?
  • Many types of projects that benefit fish, wildlife, and their habitats of the Kalamazoo River watershed will be considered. These include, but are not limited to the following:
    • Instream habitat restoration through adding natural structure and reducing channelization.
    • Stream bank restoration and increasing floodplain habitat areas.
    • Removing barriers to streams from undersized culverts and dams.
    • Enhancing native plant species and controlling invasive species.
    • Preserving, enhancing, or restoring riparian and wetland habitat.
    • Dam removals or modifications that remove structural impediments to fish migration while ensuring the continued protection of people and properties.
    • Projects that incorporate improved recreational opportunities in conjunction with natural habitat enhancements.
       
• What types of projects will NOT be considered?
  •  Types of restoration that will not be considered in the process include:  
    • Projects located outside of the Kalamazoo River watershed.  
    • Projects within the Kalamazoo River watershed that do not benefit injured resources. 
    • Projects that do not restore natural ecosystem processes (e.g., preferential use of hard armoring over soft engineering technology, which can limit riparian habitat, alter hydrologic and temperature regimes, affect sediment transport, and impact human use).  
    • Projects that are solely focused on recreation and do not include ecological benefits. 
       
• Are there specific criteria for evaluating projects?
  • The Trustees have published general screening and project evaluation criteria in their 2016 Restoration Plan and Programmatic Environmental Impact Statement (PDF, 297 pages) Section 2.3.
  • In short, the screening criteria are yes/no questions about a project:
    • Compliance with applicable laws and regulations?
    • Addresses resources injured by hazardous substances?
  • The Trustees seek to rank projects based on evaluation criteria (see Table 2.2 in the 2016 Restoration Plan) including the following:
    • Focus on-site and benefits to priority trust resources.  
    • Benefits measurable and likely from cost-effective, reliable methods.
    • Consistency with natural resource policies and regional planning.
    • Consideration of completed or anticipated response actions.
    • Provision of large range of benefits to natural resources and a diverse public. 
  • As restoration planning and implementation progress, the Trustees may develop more specific criteria in the future, e.g., to seek specific types of projects that can benefit certain natural resources. Suggested projects will be evaluated by the Trustees for consideration in project-specific restoration plans that will be subject to public review and comment.

Collecting Project Ideas

• How much money will be available for restoration?
  • Up to $12 million is anticipated to be available in 2020, with an additional $15 million to be paid in smaller installments over the following 6 years. These funds are the result of past and proposed settlements with potentially responsible parties.
  • The Trustees are continuing to conduct a natural resource damage assessment and pursue natural resource damages from other potentially responsible parties for the site.
  • The Trustees will be using a small portion of this funding to administer the restoration program, to minimize the use of funding from taxpayers.
     
• How do I submit a project?
  • You can submit project ideas at any time through the Suggest a Project - Kalamazoo River Watershed page on the NOAA Damage Assessment, Remediation and Restoration website.
     
• Is this my only opportunity to submit projects?
  • This is not your only opportunity to submit project ideas. The Trustees plan to periodically review and select projects beginning in early 2020 and into the future as funds are available.
     
• If our project is chosen, will we be funded to do it?
  • You are encouraged to submit project ideas regardless of whether you intend to implement the project yourself.
  • If you propose a project idea that is selected for funding, Trustees will determine the entity that is best positioned to implement the project. This may or may not be the entity that originally proposed the project. 
     
• How is this different than a grant program or request for proposals?
  • This is not a grant program or a request for proposals but is instead a request for restoration project ideas. The Trustees will consider a wide range of project ideas, including those that are only conceptual at this point, and those that are already developed in great detail. The Trustees are responsible for using this input from the public to develop project alternatives that will best restore the injured resources. They will include these project alternatives in a restoration plan that will be available for public review and comment. As part of the Trustees’ project development associated with drafting the plan and associated project-specific analysis in the plan, they will determine the most feasible method to implement each project. However, each Trustee must follow requirements established in their respective contracting and grant regulations. The Trustees will ensure that projects are implemented cost-effectively and in partnership with or contracted to the most suitable project teams on a project-specific basis.
  • The Trustees recognize that there is considerable local ecological knowledge from state partners, nonprofits, anglers, and local contractors that can facilitate project implementation. When developing restoration plans and evaluating the projects in these plans, Trustees will consider the most efficient and effective means to implement each phase of a project.
     
• How will you protect proprietary information associated with proposals that are posted for public viewing on the “Suggest a Project - Kalamazoo River Watershed” webpage?
  • The Trustees do not protect any information contained in submissions to the website. Project submissions are not funding proposals and should not contain proprietary information. The “Suggest a Project - Kalamazoo River Watershed” webpage states: "Please note that your project suggestion and any associated attachments may be posted online. The information you submit will be retained as part of the Administrative Record for the Natural Resources Damage Assessment... Your project suggestion–including your name and contact information, if included–may be made publicly available at any time. While you can ask the Trustees to withhold this information from public review, there is no guarantee that they will be able to do so."
     
• Are other government agencies allowed to submit projects?
  • There are no limitations on who can submit project ideas.
     
• Can I account for indirect costs in the budget?
  • As these are just project ideas and not project proposals, the budget can be a rough estimate of the cost of the project. Please feel free to account for any cost you think might be associated with the project idea in the estimated budget.
     
• What if I have a project idea that doesn’t exactly fit within the priorities listed in the Restoration Plan?
  • Projects will be evaluated for selection and implementation according to the priorities and criteria listed in Table 2.2 of the Restoration Plan.
     
• Are matching funds required?
  • Matching funds are encouraged, but not required.
     
• Will there be restoration outside the Kalamazoo River?
  • The Restoration Plan does not limit restoration to the Kalamazoo River, rather, it allows for restoration within the Kalamazoo River watershed. However, projects need to benefit the natural resources injured by the releases of PCBs, so projects along the riparian corridors of Portage Creek and the Kalamazoo River may rank higher than those farther away. Based on the analysis in the existing Restoration Plan, projects outside the watershed will not be considered.
     
• What kind of information is needed to submit a project idea? Are there guidelines?
  • The online form provides specific instructions for each entry field. The Trustees do not have an additional proposal submission process at this stage, in which the Trustees are collecting project ideas. The portal allows you to provide as much detail as you would like—from a general idea to a full proposal. The Trustees may initiate contact to obtain additional information before taking an idea forward to the next stage of restoration planning.
     
• What is the deadline for submitting project ideas?
  • There is no deadline for submitting project ideas. Trustees anticipate receiving funding over an extended period and the restoration portal will remain open for new ideas.
  • With the funding anticipated in 2020, the Trustees will determine an appropriate point to evaluate project selection for the first round of funding through this program.

Implementation of Projects

• How will you decide which projects to implement, based on what you receive from the public? How many projects do you anticipate funding?
  • Restoration project selection begins with organizing the project ideas the Trustees have received. They will then apply their criteria for evaluating restoration projects (see Restoration Plan and Programmatic Environmental Impact Statement Table 2.2). The Trustees will then evaluate factors such as benefits to injured resources and technical feasibility.
  • The project ideas that best meet the Trustee criteria will then be further developed and included as alternatives proposed in a new draft restoration plan. The Trustees will seek public review and input on the new draft restoration plan.
  • Projects are subject to all usual environmental compliance and permitting requirements.
     
• What is the target time frame for implementation of the first set of projects?
  • The actual implementation of the projects themselves may vary from months to years, depending on the nature of the project.
     
• What is the public’s opportunity to review and provide input into the proposed projects?
  • The restoration planning process is a multi-step process that will incorporate public engagement and opportunities for public comments under the National Environmental Policy Act.
  • A more specific restoration plan will be prepared, which will be available for public review and comment. This plan will contain proposed projects that are recommended for funding.
     
• What funding mechanism will be used to implement projects?
  • Trustee agencies will evaluate which mechanism is most efficient and effective to implement each project. Mechanisms may include grants, contracts, or cooperative agreements, based on the policies of each specific agency.

Monitoring and Adaptive Management

• Are you going to monitor and adaptively manage your restoration projects?
  • Yes, the Trustees are committed to adaptive management: the process of fine-tuning the restoration program over time based on monitoring and on evolving scientific understanding. They monitor and evaluate restoration projects, which will help us adapt current projects and inform the planning, design, and implementation of future projects.