25B5002 - Appendix B - 08-1641 VWP permit.pdf

VWP Individual Permit No. 08-1641 Part I - Special Conditions May 26, 2021

Part I – Special Conditions

A. Authorized Activities

This permit authorizes the following impacts/activities associated with eastward expansion of the Craney Island Dredged Material Management Area as indicated in the application received on August 25, 2008, as revised via supplemental materials, revisions, and clarifications received through May 7, 2021, including the project drawing, Page 11-E, entitled “Craney Island Eastward Expansion Impact Information” dated December 2009, and the Supplemental Figures 1 through 5 entitled “Craney Island Eastward Expansion Impact Information”, dated November 2009.

1. Permanent impacts via fill to approximately 512.7 acres of subaqueous bottom, 7.9 acres of non-vegetated wetlands, 0.2 acre of tidal emergent wetlands and 1.2 acres of nontidal emergent wetlands for construction of the north and south expansion cells.

2. Permanent impacts via fill of 0.01 acre of subaqueous bottom and 0.08 acre of nonvegetated wetlands for construction of a bulkhead and contractor staging area in the Craney Island Rehandling Basin.

3. Impacts to 261 acres of subaqueous bottom via dredging to create an access channel for construction of the cells and future use of the facility as a port.

4. Impacts to subaqueous bottom via dredging up to 564 acres within the footprint of the Thimble Shoals Channel and 570 acres within the existing footprint of the Cape Henry Channel. Additional dredging of up to 1,623 acres of subaqueous bottom may also occur in the Atlantic Ocean Channel; however, as this channel is more than 3 miles off the coast of Virginia, it is outside State jurisdiction. Material dredged from these channels will be used to provide material for creation of the south and north cell dikes.

5. Impacts to 4.4 acres of subaqueous bottom and 0.04 acres of non-vegetated wetlands via dredging in the Rehandling Basin.

6. Impacts to surface waters, as listed in the attached JPA Block 9 Table dated December 2009, necessary to complete the required compensation mitigation. Please note that impacts associated with the proposed Gilmerton Bridge oyster reef will only be authorized if concerns from the adjacent property owner, IMTT – Virginia, are fully addressed to DEQ’s satisfaction.

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B. Permit Term

1. This permit is valid for fifteen years from the date of issuance. Reissuance of the permit will be necessary if any portion of the authorized activities or any permit requirement has not been completed. The permittee shall submit a complete joint permit application to DEQ at least 180 calendar days prior to the expiration of this permit if reissuance is required.

Project Construction at Impact Sites

C. Standard Project Conditions

1. The activities authorized by this permit shall be executed in such a manner that any impacts to stream beneficial uses are minimized. As defined in § 62.1-10(b) of the Code, "beneficial use" means both instream and offstream uses. Instream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural, electric power generation, commercial, and industrial uses. Public water supply uses for human consumption shall be considered the highest priority.

2. No activity shall substantially disrupt the movement of aquatic life indigenous to the water body, including those species that normally migrate through the area, unless the primary purpose of the activity is to impound water.

3. Flows downstream of the project area shall be maintained to protect all uses.

4. No activity shall cause more than minimal adverse effect on navigation, and no activity shall block more than half of the width of the stream at any given time.

5. Activities shall be conducted in accordance with any Time-of-Year restriction(s) as recommended by the Department of Game and Inland Fisheries (DGIF) and the Virginia Marine Resources Commission. The permittee shall retain a copy of the agency correspondence concerning the Time-of-Year restriction(s), or the lack thereof, for the duration of the construction phase of the project. At the time of permit issuance, the Time-of-Year restriction to protect anadromous fish was February 15 to June 15 during dredging of the project access channel.

6. All excavation, dredging, or filling in surface waters shall be accomplished in a manner that minimizes bottom disturbance and turbidity.

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7. All fill material placed in surface waters shall be clean and free of contaminants in toxic concentrations or amounts in accordance with all applicable laws and regulations.

8. Measures shall be employed at all times to prevent and contain spills of fuels, lubricants, or other pollutants into surface waters.

9. Virginia Water Quality Standards shall not be violated in any surface waters as a result of the project activities. Work shall be conducted in the dry or during low flow conditions, whenever possible.

10. Temporary disturbances to surface waters, including wetlands, during project construction activities shall be avoided and minimized to the maximum extent practicable. Any temporary impacts, not authorized in Part I.A, shall be reported to DEQ immediately.

11. All materials (including fill, construction debris, excavated materials, and woody materials) that are placed in authorized temporary surface water impact areas and associated slopes shall be placed on mats or geotextile fabric, shall be immediately stabilized to prevent the material or leachate from entering surface waters, and shall be entirely removed within 30 calendar days following completion of that construction activity. After removal, disturbed areas shall be returned to original contours, shall be stabilized, and shall be restored to the original vegetated state within 30 calendar days.

The permittee shall take all appropriate measures to promote and maintain the revegetation of authorized temporarily disturbed surface waters and associated slopes through the second year post-disturbance.

12. Temporary in-stream construction features such as cofferdams shall be made of non-erodible materials.

13. All required notifications and submittals shall be submitted to the DEQ office stated below, to the attention of the VWP permit manager, unless directed in writing by DEQ subsequent to the issuance of this permit:

DEQ Tidewater Regional Office 5636 Southern Boulevard Virginia Beach, Virginia 23462

Attn: Sheri Kattan

14. All reports required by this permit and other information requested by DEQ shall be signed by the permittee or a person acting in the permittee’s behalf, with the authority to bind the permittee. A person is a duly authorized representative only if both criteria

May 26, 2021 below are met. If a representative authorization is no longer valid because of a change in responsibility for the overall operation of the facility, a new authorization shall be immediately submitted to DEQ.

a. The authorization is made in writing by the permittee.

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, superintendent, or position of equivalent responsibility. A duly authorized representative may thus be either a named individual or any individual occupying a named position.

15. All submittals shall contain the following signed certification statement:

"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 gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the 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."

16. Any fish kills or spills of fuels or oils shall be reported to DEQ immediately upon discovery at (757) 518-2077. If DEQ cannot be reached, the spill shall be reported to the Virginia Department of Emergency Management (DEM) at 1-800-468-8892 or the National Response Center (NRC) at 1-800-424-8802.

17. DEQ shall be notified in writing within 24 hours or as soon as possible on the next business day when potential environmentally threatening conditions are encountered which require debris removal or involve potentially toxic substances. Measures to remove the obstruction, material, or toxic substance or to change the location of any structure are prohibited until approved by DEQ.

18. The permittee shall notify the DEQ of any additional impacts to surface waters, including wetlands, and of any change to the type of surface water impacts associated with this project. Any additional impacts, modifications, or changes shall be subject to individual permit review and/or modification of this permit. Compensation may be required.

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D. Projects Involving Dredging Activities

1. Dredging up to approximately 1,399 acres of subaqueous bottom is authorized as follows:

a. Pre-Dredging in Dike Footprint to maximum allowable depths ranging from -90 feet to -130 feet MLLW as indicated in the project drawing entitled “Craney Island Eastward Expansion Plan of Dredging”, Figure 3.5-5, dated April 29, 2021.

b. Craney Island Access Channel to a maximum allowable depth of -52 feet MLLW as indicated in the project drawing Page 11-E, entitled “Craney Island Eastward Expansion Impact Information” dated December 2009.

c. Thimble Shoals Federal Navigation Channel to a maximum allowable depth of -61 feet MLLW with a 1,000-foot to 1,300-foot bottom width as indicated in the project drawing entitled “Thimble Shoal Channel”, Figure 3.5-11, and as modified on the project drawings entitled “Permit Drawing, Thimble Shoal Channel”, Sheets 1 of 2 and 2 of 2, dated March 2020 and received April 7, 2020.

d. Cape Henry Federal Navigation Channel to a maximum allowable depth of -53 feet MLLW with a 1,000-foot bottom width as indicated in the project drawing entitled “Cape Henry Channel”, Figure 3.5-10.

e. Rehandling Basin to a maximum allowable depth of -16 feet MLLW as indicated in the project drawings entitled Page 11-E, entitled “Craney Island Eastward Expansion Impact Information” dated December 2009, and “Craney Island Eastward Expansion Rehandling Basin”, Figures 4-4 and 4-5.

Maximum allowable dredge depths include all overdredge, advanced maintenance and margin of error.

2. All material dredged or otherwise excavated from the footprint of the main dikes, cross dikes and access/navigation channels at the Craney Island Eastward Expansion Area that is suitable for ocean disposal shall be transported to and disposed of at the Norfolk Ocean Disposal Site, except such materials excavated from the dike footprint that are determined to be necessary for construction of an appropriate foundation in the expansion cells. All dredged or excavated materials deemed not suitable for disposal at the Norfolk Ocean Disposal Site shall be placed in the existing cells of the Craney Island Dredged Material Management Area.

3. All dredged material used for the construction and filling of the expansion cells shall be in accordance with the DEQ-approved Dredged Material Management and Fill Plan.

4. Dredging shall be accomplished to minimize disturbance of the bottom and minimize turbidity levels in the water column.

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5. Dredging is authorized by clamshell method, hydraulic method, or hopper dredge and shall be limited to the minimum necessary to conduct the permitted activities.

6. All dredged materials pumped by hydraulic method via pipeline to the disposal area will be done in such a manner as to prevent leakage or discharge into surface waters. In the event of a ruptured pipeline, dredging/disposal operations shall immediately cease until repairs are accomplished.

7. Dredge barges and scows shall be designed and operated in a manner to prevent overflow or spillage of dredged material into surface waters.

8. During transport, dredge material shall be handled in accordance with the transport operation’s spill prevention plan. In the event of a spill, the response portions of the plan shall be implemented immediately.

9. The double handling of dredged material in surface waters shall not be permitted except as authorized by this permit.

E. Projects Involving Bank Protection

1. Work shall occur in the dry or at low tide when practicable. Any exposed slopes or newly graded areas shall be stabilized immediately upon completion of work in each impact area. Methods and materials for stabilization shall be in accordance with the

Virginia Erosion and Sediment Control Handbook, Third Edition, 1992, or the most recent version in effect at the time of construction.

2. All riprap structures shall be designed in accordance with Virginia Erosion and Sediment Control Handbook, Third Edition, 1992, or the most recent version in effect at the time of construction.

3. Asphalt and materials containing asphalt or other toxic substances shall not be used in the construction of submerged sills, revetments, breakwaters, dams, or weirs.

F. Projects Involving Fill

1. Filling of the south cell with navigational dredged material or other material, except suitable material excavated/dredged from the dike footprint as specified in condition D.2, shall not commence until the cell is enclosed in its entirety, the main and cross dike construction is complete, and an appropriate weir structure is installed and operational.

The same requirements shall apply to the north cell.

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2. Filling of the cells with material other than authorized dredged material shall not occur until the cells are no longer being used as a management area for dredged material and the property has been transferred over to the Commonwealth of Virginia for use as a construction site for the development of a new port facility.

3. Prior to closure of the expansion cells and use as a dredged material management area for navigational dredging projects, the U.S. Army Corps of Engineers (Corps) shall revise their District Regulation 1130-2-4 to incorporate the expansion cells as part of the Craney Island Placement Area.

4. Navigational dredged material shall be contained within the cells at all times and shall be prevented from overtopping the constructed dikes.

5. Filling of the cells shall be in accordance with the DEQ-approved Dredged Material Management and Fill Plan.

G. Project Construction Monitoring and Submittals (Impact Sites)

Pre-Construction Monitoring

1. The permittee shall conduct photographic monitoring of pre-construction conditions in authorized fill areas and associated discharge points into surface waters. Photographic monitoring shall be conducted by the following method:

Enumerated photo stations shall be designated at permitted impact area, as established in consultation with DEQ, and shall be used for the duration of construction activities. The directional orientation of each photo station shall remain constant during all monitoring events. Photo stations shall be sufficient to distinguish the boundaries between permitted impact areas and non-impact areas and any site stormwater discharges entering surface waters. Photo stations may be established via water craft or temporary floating structures or, when deemed appropriate by DEQ, via aerial reconnaissance. Each photograph taken shall be labeled with the permit number, the permitted impact area, the photo station number, the photograph orientation, the date and time of the photograph, the name of the person taking the photograph, and a brief description of the photograph subject. This information shall be provided as a separate attachment to each photograph, if necessary.

Pre-Dredging Submittals

2. The permittee shall submit written notification at least ten calendar days prior to initiation of each phase of dredging authorized by this permit. The notification shall

May 26, 2021 include the dredge equipment to be utilized to meet all special condition requirements, and a projected schedule for initiating and completing the authorized work in each phase.

3. A dredged material management and fill plan shall be submitted 30 calendar days prior to commencement of dredging and fill activities authorized by this permit. This plan shall include, at a minimum: anticipated dredge schedule and timeline, the dredge method, dredged material composition, dredge equipment details, hydraulic pipeline locations (if applicable), all handling details and locations, all disposal locations, the water quality sampling schedule for the Craney Island Dredged Material Management Area outfall(s), and methods utilized to minimize sedimentation associated with authorized project impacts. This plan must be approved by DEQ prior to commencement of dredging activities.

Pre-Construction Submittals

4. Final plans for the project construction activities authorized by this permit shall be submitted 30 calendar days prior to initiating any land disturbance or construction in permitted impact areas. Construction activities shall not be initiated until DEQ has both reviewed and commented on the plans, or until 30 calendar days have passed, during which time no DEQ comments were received regarding the plan. In the event DEQ submits comments on the final plans, construction shall not proceed until comments are resolved to DEQ’s satisfaction.

5. Construction shall be performed in accordance with the final construction plans submitted to DEQ, which shall be in compliance with the permit. Final construction plans shall include the location and orientation of all photo monitoring stations.

Any changes to the final plans for permitted areas shall be submitted to DEQ immediately upon determination that changes are necessary. DEQ approval shall be required prior to implementing the changes.

6. The permittee shall submit written notification at least ten calendar days prior to the initiation of land disturbance or construction activities for this project. The notification shall include a projected schedule for initiating and completing work during each phase of the project.

7. Prior to commencement of activities authorized by this permit, the permittee shall submit to DEQ an acceptable Water Quality Monitoring Plan, sufficient to assess potential impacts from suspended solids during dredging and fill operations. The plan shall include monitoring of the dewatering effluent from the expansion cell outfalls as well as ambient conditions within the River upstream and downstream of dredging and fill activities. The plan shall specify monitoring stations, sample depths, sample frequency, May 26, 2021 water quality parameters, QA/QC procedures, reporting, and identification of unacceptable levels and appropriate corrective action measures. At a minimum, the plan must provide for twice daily measurements at the active cell outfalls and weekly measurements in the River during dredging and fill activities associated with dike construction of dissolved oxygen, pH, and total suspended solids, and no less than once a year measurements for metals and organics at the active cell outfalls. The plan must be approved by DEQ prior to commencement of dredging and fill activities authorized by this permit.

Monitoring During Construction

8. The permittee shall conduct photographic monitoring of construction activities to document that the permitted activities are in compliance with permit conditions, and to document any events that are not in compliance with the construction-related permit conditions. The permittee shall use the same photo method and location that was used for pre-construction monitoring.

9. Photographic monitoring during activities in each permitted impact area shall be required biannually.

10. Construction photographic data shall be submitted with construction monitoring reports as detailed in special condition G.1.

11. The permittee shall conduct water quality monitoring during dredging and fill activities authorized by this permit. Monitoring shall be conducted in accordance with the DEQ-approved Water Quality Monitoring Plan.

Construction Monitoring Reports

12. Construction Monitoring Reports shall be submitted to DEQ biannually. The biannual reports shall be submitted by the 10th calendar day of the month following each six month monitoring period. The reports shall include the following, as appropriate:

a. A written narrative stating whether or not work was performed during the monitoring period in each permitted impact area. If work was performed, the narrative shall include a description of the work performed, when the work was initiated, and the expected date of completion.

b. A summary of activities conducted to comply with the permit conditions, including items associated with meeting specific permit conditions and a

May 26, 2021 description of erosion and sediment controls used to protect water quality and any maintenance performed on the controls.

c. A written summary, including photographs, of non-compliance events or problems encountered, any corrective actions taken, and any subsequent notifications to DEQ.

d. A summary of anticipated work to be completed during the next reporting period, and an estimated date of construction completion at all permitted impact areas, along with a status of the percent of project impact completion versus the percent of compensatory mitigation completion.

e. A labeled site map depicting all permitted impact areas and photo stations.

f. Properly labeled photographs. The first construction monitoring report shall also include the photographs taken at each permitted impact area prior to initiation of land disturbance or construction activities in that area.

13. Water quality monitoring reports shall be submitted to DEQ in accordance with the schedule in the DEQ-approved Water Quality Monitoring Plan.

14. The U.S. Army Corps of Engineers (Corps) shall retain all water quality data sheets for all active cells at Craney Island, including the expansion cells, as required by Corps of Engineer’s District Regulation 1130-2-4. The Corps shall also maintain documentation of any corrective actions taken with respect to contractor’s notification of average daily TSS concentrations above 500 mg/l as well as contractor’s failure to operate or report properly under this regulation. This information shall be available to DEQ upon request and shall be retained by the Corps for a minimum of two years and/or otherwise submitted to DEQ.

Post-Dredging Submittals

15. The permittee shall submit written notification within 30 calendar days after completion of each phase of dredging. This notification shall include the total cubic yards of material dredged.

16. A before-dredging and after-dredging bathymetric survey of authorized dredging in the Thimble Shoals Federal Navigation Channel, the Cape Henry Federal Navigation Channel, the Rehandling Basin, and the Craney Island Access Channel, and areas directly adjacent to these areas, shall be submitted to DEQ within 30 calendar days following completion of each dredging phase.

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Post-Construction Monitoring

17. Except for the dredging activities in the Thimble Shoals and Cape Henry channels, the permittee shall conduct photographic monitoring of all permitted impact areas upon completion of construction and stabilization of the area. The permittee shall use the same photo method and location that was used for pre-construction monitoring.

Post-Construction Submittals

18. Post-construction photographs of permitted impact areas shall be submitted within 30 calendar days of completing work in each permitted area.

19. The permittee shall submit written notification within 30 calendar days after the completion of all activities in all permitted impact areas authorized under this permit.

Compensation for Surface Water Impacts

H. On/Off Site Creation, Restoration, and/or Preservation Compensatory Mitigation

1. To provide compensation for authorized project impacts, the permittee shall provide off-site wetland restoration and enhancement, sediment remediation, and oyster reef construction. A proposal to accomplish this compensation was presented in the conceptual mitigation plan entitled “Craney Island Eastward Expansion Mitigation Plan, Hampton Roads Virginia”, dated October 2009, and prepared by Craney Island Design Partners, the Joint Permit Application Section 6 “Compensatory Mitigation” narrative revised December 4, 2009 and the associated Table 6-1 entitled “Craney Island Eastward Expansion Summary of Mitigation”, dated December 2009. The final enforceable compensation requirements shall be outlined in the DEQ-approved final compensation plans. The compensation sites shall be protected as described in DEQ-approved final compensation plan. The conceptual mitigation plan provides for approximately 40.1 acres of wetland restoration and enhancement from primarily uplands (which includes approximately 8.3 acres of open water canals necessary to provide associated wetland hydrology), 4.9 acres of wetland creation from other surface waters, 11.9 acres of wetland creation on top of sediment remediation sand caps, 16 acres of oyster reef creation (1.7 acres of which is on top of a sediment remediation sand cap), and 50.2 acres of sediment remediation.

2. A comprehensive, 10-year Bird Management Plan for species at the Craney Island Dredged Material Management Area shall be prepared and submitted to DEQ within two years of the start of construction activities authorized by this permit. The plan must include a letter from the Department of Biology at the College of William and

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Mary and the Virginia Department of Game and Inland Fisheries that confirms the plan incorporates bird conservation and management measures in the overall operation and management of Craney Island Dredged Material Management Area.

I. Off Site Compensatory Mitigation Standard Conditions

1. The permittee is responsible for meeting all of the components of the compensatory mitigation requirements associated with this permit. This responsibility can only be transferred if and when the permit is transferred to another party and then only to the new permit recipient.

2. The permittee may accomplish the required sediment remediation compensation, in whole or in part, through an “in lieu” fee payment to the Living River Trust. The amount and timing of the “in lieu” fee contribution shall be approved by DEQ, in consultation with the Living River Trust Board of Directors.

3. The draft final compensation plan, as prepared in accordance with Part I.J.3 of these conditions, shall be approved by DEQ prior to any commencement of activities in permitted impact areas. DEQ shall have 90 calendar days to review and either provide written comments to the permittee or approve the draft final compensation plan. Any subsequent change to the approved draft final or final compensation plans must be submitted to DEQ for approval prior to implementing the change.

4. For compensation sites involving land disturbance, a site stabilization plan shall be implemented prior to compensatory mitigation construction activities. All final compensation construction plans shall be in conformance with the DEQ-approved final compensation plans.

5. The permittee shall construct the compensation sites concurrently with authorized project construction impacts to ensure no net loss of surface water functions and values from a productivity basis as defined by the HEA Model in the Final Environmental Impact Statement for this project. To accomplish this, an equal percentage of the compensation shall be completed jointly and in parallel with an equal percentage of the project impacts in accordance with the construction schedule in the DEQ-approved draft final compensation plan or alternative schedule approved by DEQ.

6. The permittee agrees to establish an escrow agreement with DEQ sufficient to perform the compensation required by this permit. The terms of such agreement must be accepted by DEQ before authorized impacts may commence. Should the percentage of project impacts exceed the percentage of completed compensation, May 26, 2021 sufficient funds shall be placed into the escrow account in accordance with the DEQ-approved escrow deposit and disbursement schedule. Placement of funds in escrow shall in no way relieve the permittee of the responsibility to conduct the mitigation in accordance with this permit. If the permittee fails to adhere to the DEQ-approved escrow deposit and disbursement schedule at any time, work in permitted construction impact areas shall cease unless otherwise authorized by DEQ.

7. Planting of woody plants shall occur when vegetation is normally dormant unless otherwise approved in the final compensation plan. The preferred planting window for emergent vegetation is from March to June. If vegetation is planted outside this window, replanting may be necessary.

8. Vegetation shall be native species common to the area and shall be suitable for growth in local wetland and/or riparian conditions.

9. All vegetation removal for control purposes shall be done by manual means, unless authorized by DEQ in advance. Herbicides or algaecides shall not be used in or immediately adjacent to compensation areas except as authorized by DEQ.

10. Point sources of stormwater runoff shall be prohibited from entering any compensation site prior to treatment by appropriate best management practices (BMPs) that are designed, installed, and maintained as described in the Virginia Erosion and Sediment Control Handbook (Third Edition, 1992, or the most recent version in effect at the time of construction) and the Virginia Stormwater Management Handbook (First Edition, 1999, or the most recent version in effect at the time of construction). Appropriate best management practices may include sediment traps, grassed waterways, vegetated filter strips, debris screens, oil and grease separators, and forebays. Installation of alternative practices not described in these references shall be submitted to DEQ for approval prior to beginning construction.

11. All non-impacted surface waters that are within the compensation site limits, and that are within fifty feet of any compensation site activities, shall be clearly flagged or demarcated with 4-foot-high orange silt, construction or barrier fencing for the life of the construction activity in that area. The permittee shall notify all contractors and subcontractors that no activities are to occur in these marked areas. For all non-impacted navigable surface waters, a Notice to Mariners shall be issued specifying the location and duration of construction activities.

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J. Compensation Site Construction Tasks, Monitoring, and Submittals

Pre-Construction Tasks

1. The permittee shall conduct photographic documentation of pre-construction conditions at the wetland compensation sites and other compensation sites involving activities above mean low water. Photographic documentation shall be conducted by the following method:

Photographs shall be taken at a height of approximately five to six feet and from fixed-point stations. Photographs shall be taken in each of the four cardinal directions (north, east, south, and west) at wetland compensation sites and as established in the final compensation plan for other mitigation sites. Permanent markers shall be established to ensure that the same locations on the site are used for future monitoring events. Each photograph taken shall be labeled with the permit number, the name of the compensation site, the photo station number, the photograph orientation, the date and time of the photograph, the name of the person taking the photograph, and a brief description of the photograph subject. This information shall be provided as a separate attachment to each photograph, if necessary.

2. Photographs of existing conditions shall be taken prior to the commencing activities at the compensation sites. Photographs at the compensation sites shall not be required until land disturbance or construction activities are initiated on the compensation sites.

Pre-Construction Submittals

3. Draft Final Compensation Plan - The permittee shall submit an approvable draft final compensation plan for all proposed compensation sites no less than 90 calander days prior to commencement of activities in permitted impact areas. The plan shall include, at a minimum, the following:

a. The goals and objectives of the plan, including but not limited to classification of the surface waters being impacted, how the compensation is replacing/enhancing/preserving wetland and other surface water functions and values, the components of the compensation expressed in acres, the proposed vegetation types and the wetland classification in wetland restoration and enhancement areas, the proposed details and methods for wetland restoration and enhancement, the proposed details and methods of sediment remediation, and the proposed details and methods of oyster reef creation, which shall include, at a minimum, the design of the individual reefs, site specific material and structures

May 26, 2021 used to create the reefs, site specific methods of construction including specific methods, timing, quantity and type of live seed material used to seed the reefs.

For the Republic compensation site(s), the plan shall ensure that the proposed compensation measures are complimentary and contiguous to planned upland contaminant remediation being conducted under DEQ’s Voluntary Remediation Program at VRP Site #00556. The plan shall also include a discussion of structures, features and general maintenance necessary for the success of the compensation sites.

b. The schedule for compensation site construction linked to and aligned with the different phases of project construction using the same format as the “Anticipated Schedule for CIEE Construction and Mitigation” prepared by Craney Island Design Partners, dated November 2009. This schedule shall include, at a minimum, the projected start and completion dates for each phase of project and compensation site construction.

c. A location map, including the compensation site boundaries, the latitude and longitude (to the nearest second) at the center of the compensation site, and the watershed name and the 8-digit Hydrologic Unit Code in which the compensation site is located;

d. Draft design of any water control structures;

e. The location of any wetlands adjacent to or near the wetland compensation sites that will serve as reference wetland sites during development of the final compensation plans;

f. Draft grading, fill, and erosion and sediment control plans;

g. A draft planting scheme, including but not limited to, suggested plant species, zonation, and acreage of each vegetation type proposed;

h. A draft soil preparation and amendment plan addressing both topsoil and subsoil conditions. If unknown, a discussion of the procedures for determining necessary soil preparation and amendments;

i. A draft plan for assessing, handling, and properly disposing of contaminated sediments, including appropriate measures, such as specialized dredging equipment and turbidity curtains, for minimizing disbursement of contaminated sediments during sediment remediation and other proposed compensatory mitigation activities;

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j. A discussion of surrounding land use and a plan for accessing the compensation sites;

k. A draft success criteria monitoring plan for each compensation site including:

(1) the proposed success criteria for the sediment, wetland and oyster reef compensation measures.

(2) the specific monitoring design and methodologies to be used to evaluate the success of the proposed compensation sites;

(3) the success criteria monitoring and reporting schedule;

(4) sketch(es) depicting the location of photo stations, vegetation sampling points (as applicable), and reference wetlands (if available);

(5) specific corrective action contingency plans which address failure to meet success criteria, and other compensation site problems, deficiencies, or unexpected events which could jeopardize the success of individual compensation sites;

l. A draft monitoring and control plan for undesirable plant species at wetland compensation sites: the plan shall apply, at a minimum, to the species listed on DCR’s Invasive Alien Plant Species of Virginia list; shall include the procedures to notify DEQ of any undesirable plant species occurrences, the methods to be used for removal and control, and the method of reporting the control results to DEQ; and shall be implemented whenever an invasive species, either individually or cumulatively, becomes a dominant species in any wetland compensation site;

m. A discussion of methods for preserving and protecting the compensation sites in perpetuity. Traditional deed restrictions shall be utilized where possible. For sites where deed restriction is not possible (i.e. state-owned submerged lands), details on implementation of alternative methods for protecting the viability of the sites shall be provided. Where appropriate, these methods shall include timely notification to NOAA, of the location and nature of sediment and oyster remediation areas and activity for inclusion on updated nautical charts.

4. Site Specific Final Compensation Plans - The permittee shall submit an approvable final compensation plan for each compensation site in accordance with the draft final compensation plan no less than 60 calendar days prior to commencement of

May 26, 2021 construction at that site. The plan shall include, at a minimum, the following information:

a. The goals and objectives of the plan, including but not limited to classification of the surface waters being impacted, how the compensation is replacing/enhancing/preserving wetland and other surface water functions and values, the components of the compensation expressed in acres, the proposed vegetation types and the wetland classification in wetland restoration and enhancement areas, the proposed details and methods for wetland restoration and enhancement, the proposed details and methods of sediment remediation, and the proposed details and methods of oyster reef creation, which shall include, at a minimum, the design of the individual reefs, site specific material and structures used to create the reefs, site specific methods of construction including specific methods, timing, quantity and type of live seed material used to seed the reefs.

For the Republic compensation site(s), the plan shall ensure that the proposed compensation measures are complimentary and contiguous to planned upland contaminant remediation being conducted under DEQ’s Voluntary Remediation Program at VRP Site #00556. The plan shall also include a discussion of structures, features and general maintenance necessary for the success of the compensation sites.

b. A location map, including the compensation site boundaries, the latitude and longitude (to the nearest second) at the center of the compensation site, and the watershed name and the 8-digit Hydrologic Unit Code in which the compensation site is located;

c. Detailed construction design plans;

d. Design of any water control structures;

e. Information, such as elevations, vegetation types and zonation, quality, etc., on reference wetlands adjacent to or near the compensation site and a discussion of how this information was incorporated into the final compensation site designs;

f. Grading, fill, and erosion and sediment control plans;

g. A planting scheme and schedule, including but not limited to, suggested plant species, zonation, and acreage of each vegetation type proposed;

h. A soil preparation and amendment plan addressing both topsoil and subsoil conditions;

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i. A plan for assessing, handling, and properly disposing of contaminated sediments, including appropriate measures, such as specialized dredging equipment and turbidity curtains, for minimizing disbursement of contaminated sediments during sediment remediation and other proposed compensatory mitigation activities;

j. A discussion of surrounding land use and a plan for accessing the compensation sites;

k. A success criteria monitoring plan for each compensation site including:

(1) the proposed success criteria for the sediment, wetland and oyster reef compensation measures.

(2) the specific monitoring design and methodologies to be used to evaluate the success of the proposed compensation sites;

(3) the success criteria monitoring and reporting schedule;

(4) sketch(es) depicting the location of photo stations, vegetation sampling points (as applicable), and reference wetlands (if available);

(5) specific corrective action contingency plans which address failure to meet success criteria, and other compensation site problems, deficiencies, or unexpected events which could jeopardize the success of individual compensation sites;

l. A monitoring and control plan for undesirable plant species at wetland compensation sites: the plan shall apply, at a minimum, to the species listed on DCR’s Invasive Alien Plant Species of Virginia list; shall include the procedures to notify DEQ of any undesirable plant species occurrences, the methods to be used for removal and control, and the method of reporting the control results to DEQ; and shall be implemented whenever an invasive species, either individually or cumulatively, becomes a dominant species in any wetland compensation site;

m. Proposed deed restriction language, or alternative methods where deed restriction is not possible, for protecting the compensation sites, including all surface waters and upland areas that are to be preserved in perpetuity within the compensation site boundaries. Protection of the compensation sites shall be documented as follows:

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(1) The protected areas shall be surveyed or platted within 120 calendar days of completion of construction at each compensation site. The final survey or plat shall be certified by a professional engineer or licensed land surveyor and shall be submitted to DEQ for review. DEQ shall have 15 calendar days to review the survey or plat to verify that the protected areas are the same as those presented in the final compensation plan.

(2) The protective instrument shall be written so that no activity will be performed on the property in any area designated as a compensation site or non-impacted surface water, with the exception of maintenance or corrective action measures authorized by DEQ. Unless otherwise authorized by DEQ, the restrictions apply to ditching, land clearing, or the discharge of dredge or fill material. The protective instrument restrictions shall contain the phrase “ditching, land clearing, or discharge of dredge or fill material" in the limitations placed on the use of these areas. The protective instrument shall be submitted to DEQ for review and approval prior to recordation.

(3) The protective instrument shall be recorded in the chain-of-title to the property on which the compensation site exists. Proof of recordation shall be submitted to DEQ within 60 calendar days, following DEQ’s review and confirmation of the surveyed or platted compensation site.

(4) For sites where deed restriction is not possible, details on implementation of alternative methods for protecting the viability of the sites shall be provided.

Where appropriate, these methods shall include timely notification to NOAA, of the location and nature of sediment and oyster remediation areas and activity for inclusion on updated nautical charts.

5. DEQ shall be notified in writing at least ten calendar days prior to the initiation of activities at each approved compensation site. The notifications shall include a detailed breakdown of the specific sequence of construction activities and associated construction timeline.

Monitoring During Construction

6. Photographic monitoring of compensation site construction shall be required at the end of each quarter, except during quarters when no construction activities are occurring, and at the end of compensation site construction.

7. Photographic monitoring shall be conducted by the same method outlined in Part.I.J.1.

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8. For temporary disturbances to surface waters, the permittee shall conduct photographic monitoring after the temporary disturbance activity is complete in order to document that the area has been restored in compliance with these permit conditions.

Submittals for Construction Monitoring

9. Compensation site construction monitoring reports shall be submitted within 30 calendar days of each monitoring event. The reports shall include the following, as appropriate:

a. A summary of construction progress, including any problems encountered and the proposed corrective actions or the DEQ-approved corrective actions taken.

b. Properly labeled photographs as detailed in Part I.J.1. The first construction monitoring report shall include the photographs taken at the compensation site prior to initiation of land disturbance or construction activities at the compensation site.

10. For wetland compensation, once each site reaches final grade, but prior to planting, the permittee shall submit a post-grading survey to DEQ. The survey shall be conducted by a licensed land surveyor and certified by a licensed surveyor, licensed professional engineer, or licensed landscape architect. The survey shall document spot elevations within the compensation areas and adjacent reference wetland areas that are within +/-

0.2 feet of the elevations indicated in the site construction grading plan. Post-grading elevations for the compensation site shall be sufficient to ensure that wetland hydrology will be achieved on the site to support the goals and objectives of the approved final compensation plan. The survey shall be accompanied by a signed certification statement from the permittee that the survey has been reviewed and is in compliance with this special condition and the final DEQ-approved compensation plan.

11. For sediment remediation sites, before and after bathymetric surveys shall be submitted following completion of remediation activities in each discrete area identified in the final compensation plans. DEQ shall have 30 calendar days to review the survey and provide comments to the permittee.

Monitoring for Success Criteria After Construction

12. Success monitoring of the off-site wetland compensation areas shall begin at the first complete growing season (monitoring year one) following compensation site

May 26, 2021 construction and shall be conducted subsequently as stipulated in the approved final compensation plans.

13. For sediment remediation sites and oyster reef creation site, success monitoring and associated corrective actions shall be conducted in accordance with the DEQ-approved final compensation plans and any other subsequent plans approved by DEQ.

14. For each site, if all success criteria have not been met by November 30th of the last monitoring year specified in the approved final compensation plans, or if visual observations conclude that the site has not met the overall restoration goals, corrective actions shall be implemented in accordance with the DEQ-approved corrective action plan. Annual monitoring shall continue until two sequential, annual reports indicate that all criteria have been successfully satisfied (e.g., that corrective actions were successful) and the compensation site has met the overall restoration goals. The permittee shall be solely responsible for ensuring that all necessary corrective actions are implemented so that the compensation site meets the success criteria, as detailed in the final compensation plans. Should any significant changes to the wetland compensation sites be necessary, the first full growing season after the changes are complete shall become the new monitoring year one. Monitoring shall continue in accordance with the DEQ-approved corrective action plans.

15. Photographic documentation during success monitoring shall be conducted in accordance with the final compensation plans approved by DEQ.

16. Wetland vegetation monitoring shall be conducted in accordance with the final compensation plan approved by DEQ. Undesirable plant species shall be identified and controlled as described in the monitoring and control plan for undesirable plant species, such that they are not dominant species or do not change the desired community structure.

17. Wildlife data collection through visual observation shall be conducted in accordance with the final compensation plans approved by DEQ.

18. At the completion of each monitoring year, a calculation of the acreage of each wetland type shall be made and shall be based upon that monitoring year's vegetation data. The acreage calculation shall be shown on the most recent version of the compensation site design plan sheet(s) and shall be submitted with that year's monitoring report.

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19. Within 60 calendar days of the completion of the entire monitoring cycle, including any time extensions for corrective action, a wetland boundary survey shall be conducted by a licensed land surveyor or a licensed professional engineer, and shall be based upon the results of monitoring data for vegetation. A calculation shall be made of the total acreage of each wetland type. The boundary and acreage per wetland type shall be shown on the most recent version of the compensation site design plan sheet(s).

Submittals for Success Criteria Monitoring

20. Compensation site monitoring reports shall be submitted by December 31st of the years in which a monitoring report is required, including the final…