Announcement of Availability of the Final Restoration and Compensation Determination/ Environmental Assessment Plan (Final RCDP/EA) and Administrative Record

Macalloy Corporation Site, 1800 Pittsburgh Avenue, Charleston, SC

The South Carolina Department of Health and Environmental Control (DHEC), the South Carolina Department of Natural Resources (SCDNR), the United States Fish and Wildlife Services (USFWS) on behalf of the Department of Interior (DOI), and National Oceanic and Atmospheric Administration (NOAA), as natural resource trustees (collectively, the Trustees), announce the release for public review of the Final RCDP/EA for the Site. The Final RCDP/EA describes the Trustees’ proposal to restore natural resources injured as a result of chemical contamination at and from the Site.

Under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. §§ 9601 et seq., “natural resource trustees may assess damages to natural resources resulting from…a release of hazardous substance…and may seek to recover those damages.” CERCLA § 107, 42 U.S.C. § 9607. Natural resource damage assessments are separate from cleanup actions undertaken at a hazardous waste site, and provide a process whereby natural resource trustees designated under CERCLA can determine the proper compensation to the public for injury to natural resources. The Trustees determined that ecological services provided by Shipyard Creek have been injured by releases of hexavalent chromium at and from the Site.

The Final RCDP/EA is being released in accordance with the natural resource damages regulations found at 43 C.F.R. Part 11 and the requirements of the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq. The Final RCDP/EA describes habitat restoration alternatives identified by the Trustees and opportunities to create oyster reefs. Details regarding the proposed projects are contained in the Final RCDP/EA.

DHEC further announces the Administrative Record is available at the DHEC Charleston Region 7 office at 1362 McMillan Avenue, Suite 300, Charleston, SC 29405, on June 1, 2009. The Administrative Record includes documents that form the basis for the selection of the natural resource damage assessment actions.

The Final RCDP/EA (file size 2.5MG) is available for review and is provided in the Adobe PDF format. Adobe® Reader® is required to open these files and is available as a free download from the Adobe® Web site.