USACEResolution-VTBulkheadwExhibits_FINAL_signed_16DEC2020.pdf

SUBJECT: Violation Case No. SAC-2011-00062.

AUTHORITY: Sections 301(a), 309, & 404 of the Clean Water Act (33 U.S.C.

Sections 1311(a), 1319, & 1344) and/or Sections 9, 10, or 13 of the Rivers and Harbors Act of 1899 (33 U.S.C. Sections 401, 403, or 407).

BACKGROUND:

a. Veterans Terminal (VT) is located at the former Charleston Naval Complex adjacent to the Cooper River at South Hobson Avenue in North Charleston, South Carolina. VT is an approximately 110-acre bulk and break-bulk cargo facility. The property is owned by the South Carolina State Ports Authority (SCPA) and identified as Charleston County TMS No. 40-0000-00-43.

b. The bulkhead between Pier Mike and Pier November on VT failed in October 2012 between the two piers (VT Bulkhead Collapse Area). At the time of the collapse, the then-existing bulkhead area at the VT Bulkhead Collapse Area was licensed to and operated by a third party. The collapse led to the unauthorized migration of soils and piled aggregate originally contained by the failed bulkhead into the Cooper River, a navigable water of the United States (WOTUS). A vicinity map (Exhibit 1) and site map (Exhibit 2) show the location of the VT Bulkhead Collapse Area. The collapse also led to the unauthorized migration and burial of heavy equipment into the Cooper River critical area beneath the deposited soils and piled aggregate. A report and bathymetry map (Exhibit 3) show the likely location of the buried heavy equipment.

c. As a result of the bulkhead collapse, approximately 0.8 acre of WOTUS have been impacted in the Cooper River. The approximately 0.8 acre of soil and aggregate material within the WOTUS ranges in depth of 0 to -20 feet (Exhibit 4).

d. At the request of the US Army Corps of Engineers, Charleston District (USACE), SCPA executed a Tolling Agreement (Exhibit 5) with USACE dated August 23, 2019, with respect to any potential enforcement action by USACE related to the failed bulkhead and aggregate release. Pursuant to the Tolling Agreement, USACE agreed to consider an after-the-fact permit (ATF Permit) application in attempt to settle the above claims.

RESOLUTION AGREEMENT

BETWEEN THE

U.S. ARMY CORPS OF ENGINEERS

and

THE SOUTH CAROLINA STATE PORTS

AUTHORITY

CHARLESTON DISTRICT

Appendix 6

e. The SCPA has been in negotiations with the US Coast Guard (USCG) regarding the transfer of portions of VT, including the VT Bulkhead Collapse Area, to the USCG in fee simple (Land Transfer). USCG has announced plans to make Charleston one of the largest concentrations of ships and guardsmen in the nation. Under those plans, USCG will homeport multiple new cutters in Charleston and consolidate its operations along the VT waterfront.

f. Finalization of the Land Transfer, and resulting utilization of the waterfront and bulkhead area in the VT Bulkhead Collapse Area, are critical to USCG’s plans. To that end, and as a condition of the Land Transfer, USCG has indicated its intent to remedy the existing impacts to WOTUS at the VT Bulkhead Collapse Area, and to reconstruct the bulkhead or similar structure following USCG specifications and design.

g. USCG and SCPA expect to complete the Land Transfer on or before December 31, 2020, subject to obtaining the necessary approvals.

h. USCG has indicated its timeline for removal of the buried equipment at the VT Bulkhead Collapse Area is the latter of December 31, 2022, or two years following completion of the Land Transfer, and is subject to the availability of appropriations. It is expected that removal of the buried heavy equipment will also include removal of portions of unauthorized soil and aggregate released as a result of the bulkhead collapse, which is covering and adjacent to the buried heavy equipment.

i. USCG has indicated its timeline for remedying any remaining adverse impacts to WOTUS, at the VT Bulkhead Collapse Area to the extent detailed in Exhibit 6, is the latter of December 31, 2025, or five years following completion of the Land Transfer, and is subject to the availability of appropriations.

j. Due to the pending Land Transfer and USCG’s remediation and development plans for the site, SCPA agreed to enter into the present Resolution Agreement to remedy the unauthorized impacts to WOTUS at the VT Bulkhead Collapse Area by way of assignment to USCG.

k. On October 21, 2020, SCPA provided USACE with a letter of commitment from USCG dated September 21, 2020, wherein USCG affirms that, as part of the Land Transfer, USCG intends to enter into an Assignment Agreement with SCPA to remedy the above-referenced impacts to WOTUS within the timelines specified in this Resolution Agreement.

l. However, if the Land Transfer and/or Assignment Agreement does not occur within the timelines specified in this Resolution Agreement, the SCPA will continue to be responsible for the VT Bulkhead Collapse Area, including the corrective action specified in this Resolution Agreement.

RESOLUTION AGREEMENT:

The parties agree to the following:

The South Carolina Ports Authority agrees to the following:

a. Provide USACE with evidence of: (1) the completed Land Transfer; and (2) the Assignment Agreement within thirty (30) days of completion of the Land Transfer.

b. By way of assignment, cause the buried heavy equipment in the critical area at the VT Bulkhead Collapse Area to be removed by the latter of December 31, 2022 or two years following completion of the Land Transfer, subject to the availability of appropriations to the USCG.

c. By way of assignment, cause any remaining adverse impacts to WOTUS at the VT Bulkhead Collapse Area that are not remedied during removal of the buried heavy equipment, to the extent detailed in Exhibit 6, to be removed by the latter of December 31, 2025 or five years following completion of the Land Transfer, subject to the availability of appropriations to the USCG.

d. Within thirty (30) days of completion of removal of the buried heavy equipment, notify USACE in writing. Following this notification, USACE may perform an inspection to ensure compliance with requirements set forth in this Resolution Agreement.

e. Within thirty (30) days of completion of the removal of any additional impacts and construction of any structures in WOTUS at the VT Bulkhead Collapse Area, notify USACE in writing and provide as built drawings. Following this notification, the USACE may perform an inspection to ensure compliance with requirements set forth in this Resolution Agreement.

f. In the event that the Land Transfer does not occur on or before December 31, 2020 and/or USCG does not enter into an Assignment Agreement with SCPA to remedy the above-referenced impacts to WOTUS on or before January 30, 2021, SCPA agrees to:

1. Cause the buried heavy equipment in the critical area at the VT Bulkhead Collapse Area to be removed by December 31, 2022.

2. Cause any remaining adverse impacts to WOTUS at the VT Bulkhead Collapse Area that are not remedied during removal of the buried heavy equipment, to the extent detailed in Exhibit 6, to be removed by December 31, 2023.

3. Within thirty (30) days of completion of removal of the buried heavy equipment, notify USACE in writing. Following this notification, USACE may perform an inspection to ensure compliance with requirements set forth in this Resolution Agreement.

4. Within thirty (30) days of completion of the removal of any additional impacts and construction of any structures in WOTUS at the VT Bulkhead Collapse Area, notify USACE in writing and provide as built drawings. Following this notification, the USACE may perform an inspection to ensure compliance with requirements set forth in this Resolution Agreement.

SCPA acknowledges that failure to fully and promptly comply with the terms and conditions of this Resolution Agreement may result in this case being forwarded to the Department of Justice for appropriate legal action. No further notice will be provided in this regard.

The U.S. Army Corps of Engineers agrees to:

a. Terminate action in this enforcement case, pending satisfactory completion of the activities outlined in this enforcement case (e.g., SCPA paragraphs

a. through e., or SCPA paragraph f.1-4.).

The general terms and conditions of this Resolution Agreement have been coordinated with the appropriate agency of the State of South Carolina as a matter of courtesy and interagency cooperation and they have concurred in the resolution of this matter in the fashion described.

[signature page follows]

SIGNATURES BELOW INDICATE ACCEPTANCE OF, AND FULL

AGREEMENT WITH, THE TERMS AND CONDITIONS OF THIS RESOLUTION:

Signature of Witness TRAVIS G. HUGHES DATE

CHIEF, REGULATORY DIVISION

Printed Name of Witness

Signature of Witness MARK MESSERSMITH DATE

SOUTH CAROLINA PORTS AUTHORITY

Printed Name of Witness wlagarenne Text Box Walter R. Lagarenne, Jr.

EXHIBIT 1

1450 Fifth Street West N.Charleston, SC 29405

Phone: 843.884.1234 Fax: 843.884.9234

EXHIBIT NO.

File Path:

Date:

PM:

Drawn By:

Checked By:

Approved By:

As Shown

Site

³ 0 0.75 1.50.375 Miles

1983 Charleston Quad, SC USGS Topographic MapProject No.

Scale:

Veterans Terminal Investigation and

Remediation Summary Report

CAV EN197343

JTM

CAV

CAV 2/6/14 Charleston County South Carolina

EXHIBIT 2

EXHIBIT NO.

File Path:

Date:

PM:

Drawn By:

Checked By:

Approved By:

As Shown

Site

³ 0 100 20050 Feet

VeteransTerminal Bulkhead Release AreaProject No.

Scale:

Veterans Terminal Investigation and

Remediation Summary Report

CAV EN197343

JTM

CAV

CAV 2/6/14 Charleston County South Carolina

Legend

Approximate_Site_Limits

EXHIBIT 3

1051 Columbia Avenue Lancaster, PA 17603 717.396.8922 Fax 717.396.8746 email@enviroscan.com www.enviroscan.com

Final Report Geophysical Survey

Construction Equipment Detection/Delineation Contiguous 2.75-Acre Marine and 1-Acre Land Area

South Carolina State Ports Authority Charleston, SC

Enviroscan Reference Number 101250

Prepared For: Parsons Brinckerhoff Prepared By: Enviroscan, Inc.

November 16, 2012

1051 Columbia Avenue Lancaster, PA 17603 717.396.8922 Fax 717.396.8746 email@enviroscan.com www.enviroscan.com

Mr. Matthew P. Smith, PE Parsons Brinckerhoff PO Box 22287 Charleston, SC 29413

RE: Geophysical Survey Construction Equipment Detection/Delineation Contiguous 2.75-Acre Marine and 1-Acre Land Area South Carolina State Ports Authority Charleston, SC Enviroscan Reference Number 101250

Dear Mr. Smith:

Pursuant to our proposal, dated October 31, 2012, Enviroscan, Inc. completed a magnetic (MAG) survey at the above-referenced site. The purpose of the survey is to detect and delineate suspected large construction equipment (e.g. an excavator,) buried beneath debris from a bulkhead/slope failure. Fieldwork was conducted on November 7, 2012.

Background

The area surveyed is approximately 2.75 acres in shallow water along the shoreline, and a contiguous one-acre area on land. The transition from the land to water was irregular due to the collapse of the bulkhead and subsequent fill. Concrete with metal reinforcing was observed within the former bulkhead material located within the water in the central portion of the site as well as metallic debris within the former base material southeast of the former bulkhead (see photos in Figure 1). These metals may limit the effectiveness of the survey; please note that much of the site was subject to cultural interference from other nearby structures and large vessels.

To best accomplish the survey objective, Enviroscan, Inc. conducted a magnetic (MAG) survey. The following report describes the instrumentation, methodologies and results of the survey.

ENVIROSCAN, INC.

Mr. Smith

1051 Columbia Avenue Lancaster, PA 17603 717.396.8922 Fax 717.396.8746 email@enviroscan.com www.enviroscan.com

Methodology

Magnetic surveys measure variations in the earth's naturally occurring magnetic field.

Where magnetically-susceptible ferrous materials (typically iron or iron-rich steel) or hard-magnetized materials (e.g. magnetite) are present in the subsurface, the earth's magnetic field may either add-to or subtract-from the magnetic field of the target, creating an anomalously enhanced or depleted (respectively) ambient field. The magnetometer was utilized for this survey because the high sensitivity of the magnetometer may allow it to detect ferrous objects at depth.

For this survey, vertical gradient magnetic data were recorded using an array of two

Geometrics G-858 MagMapper cesium vapor sensors with a 1-meter separation at a height of 1 foot above the ground and water for the bottom sensor. Magnetic data were automatically recorded at 0.2-second intervals along accessible profiles. The actual location of each measurement station was digitally recorded using a Topcon GMS-110 global positioning system (GPS), which provides sub-meter accuracy (see blue squares, Figure 1).

The MagMapper data were corrected for instrument layback, latency, and spurious spikes due to operator motion using MagMap2000 by Geometrics. In addition, magnetic base station data were continuously recorded at a fixed location free from any magnetic signal due to vehicular traffic, etc. These diurnal data were recorded throughout the field day using a Geometrics G-856 MemoryMag, and represent the natural variations in the earth's magnetic field due to atmospheric or ionospheric disturbances. The diurnal data were used to correct the magnetic survey data to remove any time-varying anomalies which might conceal fixed constant anomalies due to actual buried magnetic or magnetically susceptible targets, or produce spurious “false positive” anomalies.

The magnetic field intensity (as described above) typically contains anomalies with complex outlines, which are not necessarily centered over the source object, for even simple targets. In order to produce simple anomalies centered on source objects, Enviroscan calculated the 3-dimensional total gradient or “analytic signal” from the magnetic intensity data. The analytic signal is a mathematical transform that produces a single peak response over a dipole target. The magnetometer data are depicted on Figure 2 as shades of yellow to green to blue to purple for increasing ferrous metallic response.

1051 Columbia Avenue Lancaster, PA 17603 717.396.8922 Fax 717.396.8746 email@enviroscan.com www.enviroscan.com

Results

Review of the magnetometer data (Figure 2) identified many ferrous metal anomalies both in and out of the water. Obvious surface metal objects are labeled on the map (see concrete barriers, barge, and metal debris) to clarify anomalies caused by these objects. Anomalous areas over 1000 gammas (purple-filled contour level) indicate the most likely location of large buried metallic targets of interest such as the excavator, generator, and bobcat. The most significant anomalies are located within the central portion of the site along the former bulkhead where a high density of ferrous metal anomalies occur. Although a portion of the anomalies appear to be related to concrete debris (possibly from the former bulkhead), their magnitude and isolation to the central portion suggests that the anomalies may be a combination of the former bulkhead and additional buried ferrous metal targets such as the excavator, generator, and bobcat.

The largest anomaly is most likely the largest ferrous metal object (excavator) while the smallest anomaly will be the smallest ferrous metal object (generator). Note, however, that metal debris from the bulkhead and poor fill material will complicate the magnetic signal and could even create a stronger/larger anomaly than the suspected smallest target (generator).

Unfortunately, due to other debris in the fill material, the data do not show just three distinctive anomalies with three unique sizes which could be easily correlated to the excavator, generator, and bobcat. Any anomaly over 1000 gammas could be the excavator and/or bobcat, while anomalies over 500 gammas could be the generator (the magnetic response will vary depending on the size of the generator).

November 16, 2012

1051 Columbia Avenue Lancaster, PA 17603 717.396.8922 Fax 717.396.8746 email@enviroscan.com www.enviroscan.com

Limitations

The above-referenced geophysical survey was completed using standard and/or routinely accepted practices of the geophysical industry and equipment representing the best available technology. Enviroscan does not accept responsibility for survey limitations due to inherent technological limitations or unforeseen site-specific conditions. However, we make every effort to identify and notify the client of such limitations or conditions.

We appreciate this opportunity to have worked with you. If you have any questions, please do not hesitate to contact me.

Sincerely, Enviroscan, Inc.

Charles H. Rhine, M.Sc., P.G.

Senior Geophysics Project Manager

Technical Review By:

Enviroscan, Inc.

Felicia Kegel Bechtel, M.Sc., P.G.

President enc.: Figure 1: Geophysical Survey Data Coverage Figure 2: Geophysical Survey Data Results

E

N 372050

N 372100

N 372150

N 372200

N 372250

N 372300

N 372350

N 372400

N 372450

N 372500

Notes:

Coordinates in South Carolina State Plane, NAD83 (ft).

Basemap features from DGPS Survey by Enviroscan and Google Earth Image.

Contours are analytical magnetic field intensity from Geometrics G-858 Magmapper, with diurnal correction data from Geometrics G-856 Memorymag.

0 30 60 90 120

Scale (ft)

Geophysical Survey Legend

Magnetic Survey Data Location (every 25th point posted)

Barge

Photo of Fill Material

Metal Debris

Ground Cover

N 372050

N 372100

N 372150

N 372200

N 372250

N 372300

N 372350

N 372400

N 372450

N 372500

Notes:

Coordinates in South Carolina State Plane, NAD83 (ft).

Basemap features from DGPS Survey by Enviroscan and Google Earth Image.

Contours are analytical magnetic field intensity from Geometrics G-858 Magmapper, with diurnal correction data from Geometrics G-856 Memorymag.

0 30 60 90 120

Scale (ft)

Concrete Barriers

Barge

Metal Debris

Metal Debris gammas

0 50 100

20000

EXHIBIT 4

EXHIBIT NO.

Drawn by:

Date:

As Shown

215 Site

5.0 Acres

Pier Mike

Pier N

Release Area ~0.8 acres A

A'

-1

-2

-3

-18

-4

-9

-8

-7

-6

-19

-21

-17

-1

-16

-14

-13 -12

-5

-20

-15

-22

9 -10

-23

-21

-4

-15

-22

-19

-1

-20

-23

-6

-21

-22

-2

-2

-19

-4

-21

-19

-18

-22

-19

-22

-18

-19

-19-18-18

-22

-19

-21

-22

-18

-5

-3

-1 -4

-10

-19

-5

-3

-18

-2 6

-19

-22

-5

-15

-19 -19

-18

-19

-1

2-3

-18

-5 -19

-10

-10

-1

-5

-22

-20

-19

-18

-20

-22

-3

-20

-22

-19

-9

-15

-19

-23

-22

-22

-19

-19

-4

-20

-19

Esri, HERE, Garmin, (c) OpenStreetMap contributors

³ 0 100 20050 Feet

Release AreaProject No.

Scale:

Project: Veterans Terminal Bulkhead Release

Applicant: South Carolina Ports Authority Location: North Charleston, South Carolina

EN187244

9/24/2019

Legend Site

Section_A-A'

Released_Aggregate

Former_Bulkhead_Location

Elevation -24

-23

-22

-21

-20

-19

-18

-17

-16

-15

-14

-13

-12

-11

-10

-9

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-3

-2

-1

JAR

For Permitting Only - Not For Construction

EXHIBIT 5

EXHIBIT 6

EXHIBIT - 6

EXHIBIT - 6

NO

VEM

BER

AutoCAD SHX Text

THIS AREA WILL BE DREDGED TO A DEPTH OF 32 FEET

AutoCAD SHX Text

COMPACTED CLEAN FILL TO MATCH SURROUNDING GRADE

AutoCAD SHX Text

EXISTING PIER MIKE

AutoCAD SHX Text

EXISTING PIER PAPA

AutoCAD SHX Text

DASH LINE EQUAL BULKHEAD

AutoCAD SHX Text

LAT: 32.8515632 LON: -79.9491309

AutoCAD SHX Text

LAT: 32.852146 LON: -79.951063

AutoCAD SHX Text

LAT: 32.852203 LON: -79.948022

AutoCAD SHX Text

LAT: 32.8527796 LON: -79.9500085