AMEND_05_Attach_(3)_54112_NVW_Hemenway_Harbor_Boat_Launch_Temporary_Permit_0005.pdf

NVW-54112

NEVADA DIVISION OF ENVIRONMENTAL PROTECTION

TEMPORARY DISCHARGE PERMIT

AUTHORIZATION TO WORK IN WATERS OF THE STATE

In compliance with the provisions Chapter 445A of the Nevada Revised Statutes (NRS), the Permittee, National Park Service 601 Nevada Way

Boulder City, NV 89005 is authorized to operate heavy equipment (rolling stock) and to work in waters of the State, in Lake Mead (waterbody), for the removal of vegetation and the extension of the existing boat launch ramp, located approximately at:

Hemenway Harbor Boat Launch 35.97822160° Latitude, -114.83451170° Longitude

Lake Mead National Recreation Area Clark County, Nevada in receiving waters named:

Lake Mead in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I and II hereof.

This permit shall become effective on: October 1, 2024

This permit with the First Report Date: November 28, 2024

This permit shall expire at midnight, March 30, 2025

Signed this 9th day of August 2024

Kathryn Foxworthy Staff II Associate Engineer Bureau of Water Pollution Control

Part I

I.A. LIMITATIONS, MONITORING, AND SPECIFIC CONDITIONS

I.A.1 Introduction: The Permittee, National Park Service will be extending the existing boat launch ramp at Hemenway Harbor to an elevation of approximately 997 feet above mean sea level.

Work will include excavation, grading, placement of aggregate base, installation of pre-cast concrete launch ramp panels, and placement of a riprap perimeter. Work will be performed by a private firm under contract to NPS. Construction drawings and specifications were included in the permit application. Construction elements will include the following:

• Installation of temporary erosion and sediment control measures, including turbidity curtain.

• Removal and salvage of existing pipe mats (the construction contractor will be responsible for transporting pipe mats to a storage location as directed by the NPS contracting officer).

• Excavation of soft lakebed sediment.

• Grading.

• Placement of fill material composed of crushed rock (aggregate base) and riprap.

• Installation of pre-cast concrete panels.

• Installation of riprap perimeter trench along ramp edges to minimize erosion.

Work will take place in water up to 40 feet deep. Given that water depths will exceed 40 feet when construction begins, the ramp will need to be extended in stages. If water levels continue to drop as projected, it is expected that the work can be completed in two stages.

The timing and areal extent of each stage will depend on actual water levels in Lake Mead.

To allow the ramp to be used while construction is underway, each stage of the extension will be performed in two parts, closing off only half of the ramp at a time.

To create a stable surface for the concrete panels, soft lakebed sediment will be removed from the area where panels will be placed, including a 2-foot-wide strip along each edge and at the downslope end of the launch ramp. The depth of excavation will vary; the estimated volume of excavation is based on an average observed sediment depth of approximately 26 inches.

A long-reach excavator will be used to install the pre-cast panels. For work in relatively shallow water (generally, less than 10 feet deep), the excavator will likely be positioned on the launch ramp upslope of the work area. For work in deeper water, the excavator will be positioned on a barge temporarily moored offshore.

When the excavator is working from the launch ramp, a wheel loader will be used to transport material and concrete panels from the staging/storage area to the work site. The excavator will operate in the water. To minimize the risk of water quality impacts that could result from oil and lubricant spillage, the excavator will not operate in water deeper than 1 meter (i.e., the height of the top of the tracks on the excavator). If excavation work is needed in areas that cannot be reached from waters less than 1 meter deep, then a temporary pad made from crushed aggregate will be constructed to elevate the excavator and extend the reach. Pads will be placed on existing concrete panels. Equipment will be operated within the footprint of existing and proposed concrete panels.

Best Management Practices (BMPs) will be used for all work activities to prevent sediment transport and water quality degradation at the project site. The project site is in unvegetated, unconsolidated sediments that underlie open water.

Measures to avoid or minimize impacts to waters of the State include the following:

• Before project work begins, the construction contractor will install temporary erosion control measures, such as silt fence and/or straw wattles around any stored materials in staging areas.

• Straw wattles will also be installed at the water’s edge.

• The construction contractor will supply and have readily available onsite a spill kit, including oil-absorbent booms.

• All equipment that will be used off surfaced roadways will be steam-cleaned before entering the Park and will be visually inspected daily before entering or re-entering the water.

• Tracked equipment will not be allowed to operate in water deep enough to submerge the top of the tracks.

• Existing parking areas will be used for staging and existing roads will be used for access to launch ramps.

• All staging and vehicle maintenance areas will be at least 100 feet from the water’s edge.

• The contractor will install a turbidity curtain to contain sediments stirred up by in-water work.

• Aggregate and riprap used as fill will be clean, hard, durable, and free from deleterious matter.

• Aggregate and riprap placed in the water will have undergone additional screening to remove fines and reduce turbidity during placement.

• No wet or uncured concrete will be allowed to enter waters of the State or waters of the U.S.

• Lakebed sediments will be hauled offsite and disposed of at an approved upland facility.

Sediment and/or silt control is proposed to be achieved by the BMPs listed above.

I.A.2 Work Activities Limits: There shall be no other project activities undertaken in the waterbody except those as authorized by this permit. Discharge of any kind, either to the waterbody or to the ground, is not authorized by this permit.

I.A.3 Limitations: During the period beginning on the effective date of this permit and lasting until the permit expires, the Permittee is authorized to work in waters of the State in the subject areas of the project. Water quality Best Management Practices (BMPs) shall be implemented to prevent water quality degradation and erosion as much as is practicable, in accordance with plans and information submitted to NDEP.

I.A.4 If no activity occurs in or near the waterbody during a day, then no monitoring is required for that site on that day.

I.A.5 Water quality shall be limited and monitored by the Permittee as specified below:

Table I.A.2 Water Quality Sampling and Monitoring Requirements

Effluent Parameters and Units

Discharge Limits

Monitoring Requirements Location Frequency Sample Type

Δ Turbidity1 NTU 10 001, 002 Event Measure1

Turbidity1 NTU M&R 001 Constant

Monitoring Estimate

TPH2 mg/L 1.0 003 Event2 Discrete3

1. If a visible turbidity plume is generated, work shall cease and a grab sample shall be taken immediately for analysis of turbidity from the center of the plume. The net increase in turbidity shall be calculated as the value at outfall 001 minus the value at outfall 002. The width and depth of the plume must be estimated at that time and recorded and reported to NDEP immediately. Further monitoring and reporting requirements are found in Section I.B.1 of this permit.

2. Monitor in the event of a leak/visible sheen, or equipment leakage in or near the active project work areas, resulting in a spill in or near the waterway and report to NDEP.

3. “Discrete" sample means any individual sample collected in less than 15 minutes.

mg/L: milligrams per liter cfs: cubic feet per second

NTU: Nephelometric Turbidity Units TPH: Total Petroleum Hydrocarbons, full range C6-C40, purgeable and extractable M&R: Monitor and Report

001: Outfall 001, immediate work area 002: Outfall 002, approximately 2 feet outside of the turbidity curtain.

003: Outfall 003, approximate center of spill/leak plume.

Δ: Greek symbol delta, change in value

I.A.6 Summary of Monitoring and Reporting Requirements: Project monitoring shall be conducted in two ways: 1) Daily visual turbidity monitoring and reporting (if appropriate) in accordance with Table I.A.2, and 2) By means of a concise narrative final report (in accordance with paragraph I.A.7) describing the project and a series of photos documenting the project activities, including the implementation of BMPs. “Before, during and after” photos, shall document the installation and removal of BMPs, and all other project activities occurring within the waterbody. The photos shall be taken from established photo points. The photos, along with the narrative report of the project activities, will be submitted at the end of the project.

Record all water quality monitoring results in a water quality logbook. Maintain logbook onsite for the duration of the project. The logbook shall include monitoring results, time and date, pertinent notes on specific project activity, and what was done to address any turbidity exceedances. A copy of the logbook will accompany the final report.

I.A.7 Final Report: The final narrative report with photos describing and documenting the results of the project’s activities shall be submitted after the expiration of the permit or the end of the project, whichever comes first. The final report shall be received, at the address given below, by the 28th day of the month following project completion or the month following the expiration of the permit, whichever occurs first.

Nevada Division of Environmental Protection Bureau of Water Pollution Control

901 S. Stewart Street, Suite 4001 Carson City, NV 89701

I.A.8 Specific Conditions: For any project activity in the waterbody authorized by this permit, the operations shall be conducted in accordance with the plans and information submitted to the Division, and the following terms and conditions:

a. Any heavy equipment to be used in the work area must be steam cleaned at least once before work in the water bodies commences.

b. Provide specific locations for concrete and paint washouts with signage.

c. All equipment shall be inspected for leaks daily prior to use.

d. All leaks shall be repaired immediately and documented in the logbook.

e. All equipment fueling and storage of fuels shall be located off-site and at least 200 feet away from the waterbody edge.

f. Spill containment equipment shall be readily available for use as needed.

g. Vehicle use in unpaved areas shall be conducted in such a way as to minimize soil disturbance. No work or stockpiling will be done with an approaching storm, during a precipitation event and BMP’s will be in place prior to a storm event

h. A record shall be kept of each day’s use of heavy equipment in the waterbody and adjacent project areas.

i. Precautions must be taken to minimize damage to any aquatic habitat in the project area during operation of equipment on the project.

j. Disturbed areas shall be restored as much as practicable in conformance with approved plans.

k. Best Management Practices (BMPs) shall be applied and precautions shall be taken to prevent and control releases of debris, sediment, any transport of sediments, and to prevent and control turbidity in the waterbody during construction activities.

l. Other BMPs may include but will not be limited to construction fences, track-out devices, vegetation protection, and other BMPs as consistent with applicable BMP manuals and handbooks. If at any time the current BMPs are not effective, consultation with the Division is required prior to work resuming

m. Care shall be taken when removing turbidity curtains, protective fencing, and other BMPs from the waterbody work areas to remove the captured material safely and effectively.

n. The Permittee bears the responsibility to ensure that the requirements of this temporary permit are fully satisfied.

o. Odors: There shall be no objectionable odors generated in the conduct of this project.

p. Water Quality Standards: There shall be no discharge of substances that would cause a violation of water quality standards of the State of Nevada.

q. Presumption of Possession and Compliance: Copies of this permit and any subsequent modifications shall be maintained at the permitted project site at all times.

I.B. MONITORING AND REPORTING – Detailed Requirements

I.B.1 Monitoring

Visual turbidity monitoring is required continually, a minimum of three times per day, during active project work in the Lake or shore zone. If a sediment plume is noted in the project area, turbidity monitoring with a hand-held meter shall commence immediately and work shall cease until the net increase in turbidity drops below 10 NTU. BMPs shall be reassessed, and additional pollution prevention measures implemented, as needed. All water quality monitoring results shall be recorded in a water quality logbook, and maintained on site for the duration of the project. The logbook shall include monitoring results, time and date, pertinent notes on specific project activity, and what was done to address any turbidity exceedances above 10 NTU. A copy of the logbook shall accompany the final report. Any event-required water quality analytical data shall reported on the Discharge Monitoring Report (DMR) Forms, and shall be submitted to the Division by the 28th day of each month of the permit life.

a. Representative Samples: Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. Additional samples and measurements collected at the non-discharge monitoring locations shall also be representative of the media and conditions being evaluated/monitored.

b. Test Procedures: Unless otherwise stated, analyses shall be conducted by a “certified laboratory” using an “approved method of testing”, as defined in NAC 445A.0564 and NAC 445A.0562, respectively.

c. Recording the Results: For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information:

i. The exact place, date, and time of sampling or measurement;

ii. The dates the analyses were performed;

iii. The person(s) who performed the analyses;

iv. The analytical techniques or methods used; and

v. The results of all required analyses, including reporting limits.

d. Additional Monitoring by Permittee: If the Permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in any calculation and/or reported value required by this permit. Such increased frequency shall also be indicated in required reports.

e. Records Retention: All records and information resulting from monitoring activities; the permit application; reporting required by this permit, including all records of analyses performed, calibration and maintenance of instrumentation, and recordings from continuous monitoring instrumentation shall be retained for a minimum of five (5) years or longer if required by the Administrator.

f. Reporting Limits: Unless otherwise allowed by the Division, the approved method of testing selected for analyses shall have a reporting limit which is:

i. Half or less of the discharge limit; or, if there is no discharge limit,

ii. Half or less of the applicable water quality criteria; or, if there is no limit or criteria,

iii. The lowest reasonably obtainable limit using an approved test method.

g. Modification of Monitoring Frequency and Sample Type: After considering monitoring data, discharge flow, discharge frequency, and receiving water conditions, the Division and/or Administrator may, for just cause, modify the monitoring frequency and/or sample type by issuing an order to the Permittee.

I.B.2 DMR Reporting: Analytical data and monitoring results shall be summarized and/or tabulated for presentation in standardized DMRs. Laboratory reports for quantitative analyses conducted by State of Nevada certified laboratories must accompany DMRs and other submittals.

DMRs shall be received by the 28th day of the month following the effective date of the permit and the 28th day of each month for the duration of the permit. If no discharge occurs during the reporting period, summarize the project status and report “no discharge” on the submitted DMR.

DMRs must be signed by the authorized representative that is responsible for the work covered by this permit. The first DMR submitted under this permit must include the written designation of the authorized representative elected to sign DMRs. The designated representative responsible for project operations must sign each subsequent DMR submitted to the Division. If the authorized representative changes, a new designation letter must be submitted.

a. Monthly Reporting: Monitoring results for the discharge monitoring requirements required by this permit shall be summarized and tabulated for each month. The Permittee is considered in compliance if the reported results are less than the established permit limits.

b. Other Information: Where the Permittee becomes aware of failure to submit any relevant facts in a permit application or has submitted incorrect information in a permit application or in any report to the Division, the Permittee shall promptly submit such facts or information.

c. Anticipated Noncompliance: The Permittee shall give advance notice to the Division of any planned changes in the permitted activity which may result in noncompliance with permit requirements.

d. Submittal: An original signed copy of these, and all other reports required herein, shall be submitted to the Division at the address given in I.A.7.

I.B.3 Signatory Certification Required on Application and Reporting Forms:

a. All applications, reports, or information submitted to the Division shall be signed and certified by making the following certification:

“I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

b. Each application must contain a certification by the person signing the application that the person is familiar with the information provided, that to the best of his or her knowledge and belief the information is complete and accurate and that he or she has the authority to sign and execute the application.

Part II

II.A. MANAGEMENT REQUIREMENTS

II.A.1 Adverse Impact-Duty to Mitigate: The Permittee shall take all reasonable steps to minimize releases to the environment resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. The Permittee shall carry out such measures, as reasonable, to prevent significant adverse impacts on human health or the environment.

II.A.2 Noncompliance, Unauthorized Discharge, Bypassing, and Upset:

The Permittee shall notify the Administrator by calling the NDEP Spill Hotline at 1-888-331- 6337 within twenty-four (24) hours of any spill or release of discharge other than that which is authorized by the permit.

a. A written report shall be submitted to the Division within five (5) days of spill, or unpermitted discharge detailing the entire incident including:

i. Time and date of discharge;

ii. Exact location and estimated amount of discharge;

iii. Flow path and any bodies of water which the discharge contacts;

iv. The specific cause of the discharge; and

v. The preventive and/or corrective actions taken.

The Permittee shall report all instances of noncompliance not reported under Part I.B.2.a. at the time monitoring reports (DMRs) are submitted. The reports shall contain the information listed in Part I.B.1.c.

II.B. RESPONSIBILITIES

II.B.1 Right of Entry and Inspection: The Permittee shall allow the Administrator and/or his authorized representatives, upon the presentation of credentials, to:

a. Enter, at reasonable times, upon the Permittee's worksite or premises in which any records are required to be kept under the terms and conditions of this permit;

b. Have access to and copy any records required to be kept under the terms and conditions of this permit;

c. Inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations required by this permit; and

d. Perform any necessary sampling or monitoring to determine compliance with this permit at any location for any parameter.

II.B.2 Availability of Reports: Except for data determined to be confidential under NRS

445A.665, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the office of the Administrator. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in

NRS 445A.710.

II.B.3 Furnishing False Information and Tampering with Monitoring Devices: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained by the provisions of NRS 445A.300 to 445A.730, inclusive, or by any permit, rule, regulation, or order issued pursuant thereto or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of NRS 445A.300 to 445A.730, inclusive or by any permit, rule, regulation, or order issued pursuant thereto is guilty of a gross misdemeanor and shall be punished by a fine of not more than $10,000 or by imprisonment. This penalty is in addition to any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730, inclusive.

II.B.4 Penalty for Violation of Permit Conditions: NRS 445A.675 provides that any person who violates a permit condition is subject to administrative and judicial sanctions as outlined in NRS 445A.690 through 445A.705.

II.B.5 Permit Modification, Suspension, or Revocation: After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following:

a. Violation of any terms or conditions of this permit; or,

b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts.

II.B.6 Liability: Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal, State, or local laws, regulations, or ordinances.

II.B.7 Property Rights: The issuance of this permit does not convey any property rights, in either real or personal property, or any exclusive privileges, rights, or rights of access or easement; nor does it authorize any injury to private property, any invasion of personal rights, or any infringement of Federal, State, or local laws or regulations.

II.B.8 Severability: The provisions of this permit are severable, and if any provision of this permit or the application of any provisions of this permit to any circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby.

II.B.9 Need to Halt or Reduce Activity Not a Defense: The need to halt or reduce permitted activities in order to maintain compliance with the conditions of this permit shall not be a defense for a Permittee in an enforcement action.

II.B.10 Duty to Provide Information: The Permittee shall furnish to the Administrator, within a reasonable time, any relevant information which the Administrator may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The Permittee shall also furnish to the Administrator, upon request, copies of records required to be kept by this permit.