140P8621R0016_-_868581_SF_R2_401CertNOA_Feb_19_2021_0001.pdf

GAVIN NEWSON

JARED BLUMENFELDCALIFORNIA

Water Boards San Francisco Bay Regional Water Quality Control Board

GOVERNOR

SECRETARY FOR

ENVIRONMENTAL PROTECTION

JIM McGRATH, CHAIR MICHAEL MONTGOMERY, EXECUTIVE OFFICER

1515 Clay St., Suite 1400, Oakland, CA 94612 www.waterboards.ca.gov/sanfranciscobay

RECYCLED PAPER

NOTICE OF APPLICABLITY (NOA)

FOR ENROLLMENT UNDER

Order No. R2-2018-0009 General Waste Discharge Requirements and Water Quality Certification for

Construction and Maintenance of Overwater Structures

FOR THE

Alma Dock Replacement Project San Francisco County

Sent via electronic mail: No hard copy to follow

Effective Date: February 19, 2021 Place ID: 868581

WDID #: 2 CW439943

Corps File No.: 2019-00430S

Applicant: San Francisco Maritime National Historical Park 2 Marina Boulevard San Francisco, CA 94123 Phone: (415) 561-7000 Attn: David R. Brouillette (David_brouillette@nps.gov)

Agent: Anchor QEA 130 Battery Street, Suite 400 San Francisco, CA 94111 Phone: (415) 361-5158

Attn: Nicolas Duffort (nduffort@anchorqea.com)

Water Board Tahsa Sturgis

Staff: 1515 Clay Street, Suite 1400 Oakland, CA 94612 Phone: (510) 622-2316 Email: tahsa.sturgis@waterboards.ca.gov https://www.waterboards.ca.gov/sanfranciscobay/board_info/agendas/2018/January/Overwater/R2-2018-0009_SFB_Overwater_structures_WDRs.pdf mailto:David_brouillette@nps.gov mailto:nduffort@anchorqea.com mailto:tahsa.sturgis@waterboards.ca.gov

Notice of Applicability Place ID 868581 Alma Dock Replacement Project WDID No. 2 CW439943 i

Table of Contents

NOA Coverage

1. Project Summary

2. Impacts to Waters of the State

2.1 Fill and Discharge

3. Mitigation

4. CEQA Compliance

5. R2-2018-0009 Authorization and NOA Conditions

5.1 Regulatory Compliance and Work Windows

5.2 Pre-Construction Reporting and Other Requirements

5.3 Administrative and General Compliance

NOA Coverage

This NOA is issued to the San Francisco Maritime National Historical Park (Permittee) and authorizes the Alma Dock Replacement Project for coverage under the General Waste Discharge Requirements and Water Quality Certification for Construction and Maintenance of Overwater Structures, San Francisco Bay (Order No. R2-2018-0009) (Overwater Structures Order).

The Permittee applied to the Water Board requesting Clean Water Act (CWA) section 401 Water Quality Certification (Certification) and Waste Discharge Requirements (WDRs) verifying the Project does not violate State water quality standards. The application for Certification and WDRs was received on August 25, 2020.

Upon review, Water Board staff determined that the Project will be covered under the Overwater Structures Order. The following sections are derived from the Application and supplemental materials.

1. Project Summary The Project will upgrade the Alma Dock, located at the end of the Hyde Street Pier on the eastern side of Aquatic Park in the City of San Francisco (Lat. 37.810319, Long. -122.422758).

The Alma Dock provides the Permittee managed public access to the Alma, an 1891 National Historic Landward scow schooner. The Project will upgrade the existing dock by replacing a boarding float and gangway with a new concrete float and two boarding gangways.

The replacement dock will be slightly larger than the existing dock and supported by new piles.

The existing 12-inch-diameter epoxy-coated steel piles will be replaced with four 18-inch-diameter steel piles with 22-inch-diameter high-density polyethylene sleeves. An access ramp and utility improvements will also be implemented, but those Project features will occur in areas above the high tide line.

2. Impacts to Waters of the State The Water Board has independently reviewed the Project record to analyze impacts to water quality and the environment and designated beneficial uses within the Project’s watershed.

2.1 Fill and Discharge

The Project will impact waters of State when the existing dock and its piles are removed and replaced, as summarized in Table 1.

Table 1: Summary of the Project’s impacts to waters of the State.

3. Mitigation The Project’s impacts to waters of the State are non-consequential. No adverse effects to waters of the State are anticipated from the permanent impacts associated with the Project. No mitigation is required.

4. CEQA Compliance The Water Board, acting as lead agency, evaluated the potentially significant environmental impacts that may result from adoption of the Overwater Structures Order, in accordance with California Environmental Quality Act (CEQA) requirements (Public Resources Code section 21000 et seq.). The Water Board adopted a mitigated negative declaration on February 23, 2018 (Order No. 2018-0008). The project is consistent with the Overwater Structures Order and the mitigated negative declaration. The Project, as mitigated, will not have a significant effect on the environment.

5. R2-2018-0009 Authorization and NOA Conditions I, Michael Montgomery, Executive Officer, hereby issue this NOA verifying the proposed Project’s activities are authorized under the Overwater Structures Order. Authorization and coverage under the Overwater Structures Order requires compliance with its Discharge Prohibitions and Specifications, Receiving Water Limitations, and Provisions, and the following conditions:

5.1 Regulatory Compliance and Work Windows

1. Design Conformance. The Project work shall be constructed in conformance with the design plans described in the Application materials and herein. Any changes to these plans that may impact waters of the State must be accepted by the Executive Officer before they are implemented. To request Executive Officer acceptance, the Permittee shall submit the proposed revisions, clearly marked and described, to the Water Board staffer listed on the cover page of this NOA. The Permittee shall not implement the proposed revisions until notified that they have been accepted by the Executive Officer;

Activity Aquatic Resource Type

Permanent (acres)

Remove Existing Floating Dock and Connector Dock and Piles -0.025

Install Floating Dock 0.029 Install Float Gangway, Alma Gangway, and Support Piles 0.003

0.007 acres 1reported herein as negative because the existing dock and piles will be removed

Bay

Total, Net Impact

5.2 Pre-Construction Reporting and Other Requirements

2. Commencement of Construction. The Permittee shall submit a Commencement of

Construction Report acceptable to the Executive Officer. The Commencement of Construction Report shall be submitted no later than seven days prior to start of initial ground disturbance activities and notify the Water Board at least 48 hours prior to initiating in-water work and any stream diversions. Notification may be via telephone, email, delivered written notice, or other verifiable means. The Commencement of Construction shall be submitted in same timeframe specified herein for multiple construction seasons, if necessary;

3. Notice of Completion Report. Pursuant to Provision 28 of the Overwater Structures Order, the Permittee shall provide the Water Board with a Notice of Completion (NOC) no later than 30 days after Project completion and shall demonstrate that the Project has been carried out in accordance with the Project description provided in the Application. The report shall include a description of the areas of actual disturbance during Project construction. The report shall also clearly state any deviations made to the Project from the designs submitted with the Application by including the 100 percent construction plans marked with the contractor’s field notes that clearly depict the deviations made during construction and a descriptive narrative of the deviations and why there made. Lastly, the NOC shall reference Place ID 868581, include the date that the first Project related disturbance of waters of the State occurred and the date construction was completed, and be sent via email to RB2- 401Reports@waterboards.ca.gov, or by mail to the attention of 401 Certifications Reports (see address on the letterhead);

5.3 Administrative and General Compliance

4. Site Access. The Permittee shall grant Water Board staff or an authorized representative, upon presentation of credentials and other documents as may be required by law, permission to: (1) enter upon the Project site or compensatory mitigation site(s) where a regulated facility or activity is located or conducted, or where records are kept; (2) have access to and copy any records that are kept and are relevant to the Project or the requirements of this NOA; (3) inspect any facilities, equipment, practices, or operations regulated or required under this NOA; and (4) sample or monitor for the purposes of assuring NOA compliance;

5. Overwater Structures Order and NOA at Site. A copy of the Overwater Structures Order and this NOA shall be provided to any consultants, contractors, and subcontractors working on the Project. Copies of the Order and this NOA shall remain at the Project site for the duration of the Project’s construction and post-construction cleanup. The Permittee shall be responsible for work conducted by its consultants, contractors, and any subcontractors;

6. Submittal of Reports. Where this NOA requires submittal of reports, including plans, reports, or related information, the submitted reports shall be acceptable to the Executive Officer;

mailto:RB2-401Reports@waterboards.ca.gov mailto:RB2-401Reports@waterboards.ca.gov

7. Expiration. This NOA shall continue to have full force and effect regardless of the expiration or revocation of any federal license or permit issued for the Project;

This NOA applies to the Project as proposed in the application materials and designs referenced above in the conditions of Certification. Be advised that failure to implement the Project in conformance with this NOA is a violation of this NOA. Any violation of Certification conditions is a violation of State law and subject to administrative civil liability pursuant to Water Code sections 13350, 13385, or 13399.2. Failure to meet any condition of this NOA may subject the Permittee to civil liability imposed by the Water Board to a maximum of $25,000 per day of violation and/or $25 for each gallon of waste discharged in violation of this action above 1000 gallons. Any requirement for a report made as a condition to this NOA (e.g., conditions 2 and 3) is a formal requirement pursuant to Water Code sections 13267 and 13383, and failure or refusal to provide, or falsification of such required report, is subject to civil liability as described in Water Code section 13268 and criminal liability under 13387. The burden, including costs, of these reports bears a reasonable relationship to the need for the report and the benefits to be obtained. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements.

If you have any questions concerning this NOA, please contact Tahsa Sturgis of my staff at (510) 622-2316 or tahsa.sturgis@waterboards.ca.gov. All future correspondence regarding this Project should reference the CIWQS Place ID No. indicated at the top of this letter.

Sincerely, for Michael Montgomery Executive Officer cc: SWRCB, DWQ, stateboard401@waterboards.ca.gov

Water Board, Victor Aelion, victor.aelion@waterboards.ca.gov U.S. EPA, Region IX, Jennifer Siu, siu.jennifer@epa.gov Corps, SF Regulatory Branch:

Katerina Galacatos, katerina.galacatos@usace.army.mil Elise Piazza, elise.h.piazza@usace.army.mil National Park Service, Jeffrey Morris, jeffrey_morris@nps.gov mailto:tahsa.sturgis@waterboards.ca.gov mailto:stateboard401@waterboards.ca.gov mailto:victor.aelion@waterboards.ca.gov mailto:siu.jennifer@epa.gov mailto:katerina.galacatos@usace.army.mil mailto:elise.h.piazza@usace.army.mil mailto:jeffrey_morris@nps.gov