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Case: Athos Spill, PA, NJ, and DE

Date of incident: November 26, 2004.

Location: Delaware River (near Philadelphia, Pennsylvania).

Trustees:

Case status: Draft Damage Assessment and Restoration Plan and Environmental Assessment (Draft DARP/EA) out for public comment.

Overview of the spill and restoration planning: On 26 November 2004, the M/T ATHOS I (Athos) struck a large, submerged anchor while preparing to dock at a refinery in Paulsboro, New Jersey. The anchor punctured the vessel’s bottom, resulting in the discharge of nearly 265,000 gallons of crude oil into the Delaware River and nearby tributaries.

Map marking the approximate location of the Athos oil spill incident.

See Map of the approximate location of the Athos oil spill incident on the Delaware River.

Federal, state, and local agencies responded to the incident to supervise and assist in clean-up and begin assessing the impact of the spill on natural resources. The U.S. Coast Guard (USCG), working with the states of New Jersey and Delaware, and Commonwealth of Pennsylvania created a Unified Command for directing clean-up efforts. NOAA, FWS, and natural resource agencies within Delaware, New Jersey, and Pennsylvania (collectively referred to as the natural resource trustees) began collecting “preassessment” data on the natural and recreational resources injured by the spill. This data provided the basis for crafting the proposed restoration alternatives considered by the co-trustees. Further, the collection of these data allowed the trustees to meet their legal requirement (see below) to prepare a natural resource damage assessment (NRDA) under the Oil Pollution Act (OPA).

See Preassessment Data Report, Appendix a, b, and c; Appendix d and e; Appendix f and g; Appendix h and i.

The Athos is a 750-foot, single bottom, double-sided tanker that was built in 1983. At the time of the incident, the vessel was registered under the flag of Cyprus, owned by Frescati Shipping Company, Ltd., and operated by Tsakos Shipping & Trading, S.A.

The Athos departed Venezuela for the Citgo Asphalt Refinery in Paulsboro, New Jersey on 20 November 2004, carrying approximately 13 million gallons of crude oil. At approximately 9:30 pm on 26 November 2004, tug operators assisting the Athos with docking at the refinery notified the USCG that the tanker was leaking oil into the Delaware River. The vessel had struck several submerged objects while maneuvering through Anchorage #9 to its berth. Within minutes, the ship lost power and listed onto its side.

Surveys of the river bottom following the incident found several submerged objects in the area, including an 18,000 pound anchor. The USCG’s investigation of the incident determined that the anchor punctured the vessel’s number seven center cargo and port ballast tanks. The bulkhead between the cargo and ballast tanks was also damaged, allowing oil to migrate into the river.

The Unified Command initially estimated that 30,000 gallons of oil spilled into the River. This estimate was revised to 473,500 gallons based on “worst-case” assumptions once the vessel was stabilized. Following a more comprehensive analysis, the USCG provided a final estimate of 264,335 gallons that spilled into the Delaware River.

At the time of the incident, the tide was incoming, and the current was moving quickly. Within the first few hours, thick oil covered the River and moved upriver with the flood tide to about the Walt Whitman Bridge, approximately six miles north. Over the following weeks and months, oil from the ruptured tanker also spread downriver, exposing natural resources over 115 river miles of the Delaware River (280 miles of shoreline), as well as its tributaries. Over time, the oil spill extended from the Tacony-Palmyra Bridge to south of the Smyrna River in Delaware. Key resources exposed to the spilled oil included shorelines (marshes, sandy beaches, tidal flats, etc.), aquatic organisms (fish, shellfish, etc.), birds and other wildlife that use the Delaware River and Bay, as well as recreational areas used by the public. The incident also forced the USCG to close the Delaware River to commercial traffic for over a week. Meanwhile, submerged oil resulted in the contamination of water intakes and the closure of the nearby Salem Nuclear Power Plant.

Findings from the trustees' assessment indicated injuries to shorelines (e.g., wetlands, beaches, etc.), tributaries, birds, aquatic habitats, and recreational uses. Based on these findings, the trustees developed several alternative restoration projects, both ecological and recreational, to address these losses. These alternatives were then narrowed down to nine preferred projects.

Preferred restoration projects (to see more details, please see the Restoration Activities page):

  • Freshwater tidal wetlands restoration at John Heinz National Wildlife Refuge (PA)
  • Creation of oyster reefs (NJ, DE)
  • Darby Creek dam removal and habitat restoration (PA)
  • Habitat restoration at Mad Horse Creek (NJ)
  • Shoreline restoration at Lardner's Point (PA)
  • Blackbird Reserve Wildlife Area Pond and Pasture Enhancement (DE)
  • Improvement of the Stow Creek boat ramp (NJ)
  • Installation of a breakwater at Augustine Boat Ramp to address ongoing shoaling immediately offshore of the boat ramp (DE)
  • Enhancement of the recreational trail on Little Tinicum Island (PA)

These proposed projects are outlined in the trustees' Draft Damage Assessment and Restoration Plan and Environmental Assessment (DARRP/EA), which is presently being made available for public comment. The DARP/EA outlines the findings from the trustees' injury assessment studies, which indicated injuries to shorelines (e.g., wetlands, beaches, etc.), tributaries, birds and wildlife, aquatic, and recreational uses. The document then outlines the trustees' preferred restoration projects to address these losses.

Map of the Delaware River with Delaware, Pennsylvania, and New Jersey. Restoration project locations are shown along the river, along with oiling levels indicated by different colors along the shoreline. The site of the spill near Philadelphia is also marked Lardner's Point, Pa. Darby Creek, Pa. John Heinz National Wildlife Refuge, Pa. Little Tinicum Island, Pa. Augustine, Del. Mad Horse Creek Wildlife Management Area, N.J. Stow Creek, N.J. Blackbird Reserve Wildlife Area, Del. Delaware River, Del. Delaware River, N.J

Legal requirements: Under the Oil Pollution Act of 1990 (OPA) (33 U.S.C. §2706(b)), state and federal agencies are designated as natural resource trustees, responsible for assessing natural resource losses and restoring those losses to baseline conditions, that is, the conditions that would have existed had the incident not occurred. Regulations promulgated under OPA provide a framework for conducting a damage assessment, including preassessment, restoration planning, and restoration implementation (15 C.F.R. Part 990). Funds to assess losses and to plan and implement appropriate restoration are provided by either the responsible party (RP) or, if an RP does not exist or exceeds its limit of liability, the Oil Spill Liability Trust Fund established under OPA.

In this case, the RP met its limit of liability and the trustees will be submitting a claim to the Trust Fund via the National Pollution Fund Center.

1) Lardner's Point, Philadelphia

Shoreline Restoration

External Partners: Delaware River City Corporation, Pennsylvania Environmental Council, Fairmount Park Commission.
Addressing Injuries to: Shoreline habitat.
Project: Demolishing existing hard shoreline structures, importing fill material, grading the site to restore tidal inundation, and creating intertidal marsh and wet meadow habitat.
Total Acreage: 0.9
Ecological Benefits: Restoring habitat to benefit fish, avian, and mammalian species in an urban portion of the river heavily impacted by the spill.
Economic Benefits: Public access to a restoration site in the spill zone; creating a link in the North Delaware Riverfront Greenway; education, environmental justice, wildlife viewing, fishing, preservation of open space.

2) Darby Creek, Pennsylvania

Dam Removals and Stream Habitat Restoration

External Partners: American Rivers.
Addressing Injuries to: Tributary habitat.
Project: Removing three dams and a remnant bridge pier; restoring riparian and in-stream habitat 1,000 feet upstream and downstream of each obstruction.
Total Acreage: 2.6 miles of river habitat will open up to anadromous fish such as alewife, striped bass, and shad; approximately 10 acres will be restored along the shoreline.
Ecological Benefits: Restoring tributary habitat will improve creek health, and provide anadromous fish habitat.
Economic Benefits: Fishing, educational, recreational, flood protection, boost to the local economy during construction.

3) John Heinz National Wildlife Refuge, Pennsylvania

Freshwater Tidal Wetland Restoration

Addressing Injuries to:  Tributary habitat.
Project: Creating a series of tidally connected channels, shallow pools, and fringing shrub/scrub wetlands to restore 7 acres of freshwater tidal wetland.
Total Acreage: Restoring 7 acres will benefit 56 acres
Ecological Benefits: Restored tidal exchange, wildlife habitat enhancement.
Economic Benefits: Wildlife viewing, small boat recreation, education.

4) Little Tinicum Island, Pennsylvania

Trail Improvements

Addressing Injuries to: Recreational resources such as trips lost and diminished value.
Project: Installing a permanent trail, two observation decks, and a "breakaway bridge" to cross a small wet area.
Benefits: Recreational opportunities similar to those lost during the spill (such as wildlife viewing, hiking, fishing, and picnicking) and preserving the area from erosion by visitors currently walking on make-shift trails, as well as providing educational benefits.

5 ) Augustine, Delaware

Rock Jetty Restoration

Addressing Injuries to: Recreational resources such as trips lost and diminished value.
Project: Installation of a rock jetty to limit sediment build-up in the channel around the boat ramp.
Benefits: Preventing shoaling that currently affects the use and safety of the facility; the ramp is an important emergency response location for local and state agencies responding to boating accidents, oil spills, and homeland security issues associated with the nearby nuclear power plant.

6) Mad Horse Creek Wildlife Management Area, New Jersey 

Marsh, Meadow, and Grassland Restoration

Addressing Injuries to: Birds and wildlife and shoreline habitat.
Project: Restoring 62.5 acres of degraded marsh, and creating 35 acres of wet meadow and 100 acres of grassland.
Total Acreage: 197.5
Ecological Benefits: Food, roosting, and nesting habitat for birds.
Economic Benefits: Wildlife viewing, hunting, boost to the local economy during construction.

7 ) Stow Creek, New Jersey 

Boat Ramp Restoration

Addressing Injuries to: Recreational resources such as trips lost and diminished value.
Project: Widening and lengthening the existing public boat ramp, currently in poor condition, and adding a small courtesy dock to assist with boarding, loading, and unloading of people.
Benefits: Expanding boating access to Stow Creek and the Delaware River and providing safer conditions for boaters, hunting, fishing.

8) Blackbird Reserve Wildlife Area, Delaware

Habitat Restoration

Addressing Injuries to: Birds and wildlife.
Project: Excavating two shallow wetland ponds; converting 16 acres of farmland to pasture; establishing 24 acres of food plots for migratory geese by modifying existing agricultural practices.
Total Acreage: 41.8
Ecological Benefits: Providing resting and foraging areas for migratory geese.
Economic Benefits: Wildlife viewing, preservation of open space, hunting.

9) Delaware River, Delaware

Oyster Reef Creation

Addressing Injuries to: Aquatic resources and birds and wildlife.
Project: Creating oyster reefs in the Delaware River through direct placement and recruitment and placement of bushels of spat.
Total Acreage: 78
Ecological Benefits: Enhances benthic habitat, benefits reef organisms, improves water quality.
Economic Benefits: Oyster harvesting is expected 5 years after shell placement, boost to the local economy during construction.

10) Delaware River, New Jersey

Oyster Reef Creation

Addressing Injuries to: Aquatic resources and birds and wildlife.
Project: Creating oyster reefs in the Delaware River through direct placement and recruitment and placement of bushels of spat.
Total Acreage: 78
Ecological Benefits: Enhances benthic habitat, benefits reef organisms, improves water quality.
Economic Benefits: Oyster harvesting is expected 5 years after shell placement, boost to the local economy during construction. 


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