USCG STANOYORIVER DREDGE Permits-all_April2020.pdf

DEPARTMENT OF THE ARMY

SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS

450 GOLDEN GATE AVENUE

SAN FRANCISCO, CALIFORNIA 94102-3404

Regulatory Division

SUBJECT: File Number 2014-00257, USCG Station Noyo River Maintenance Dredging;

Second Tranmsittal

Mr. Dave Stalters Chief, Environmental Management Branch United States Coast Guard 1301 Clay Street, Suite 700N Oakland, California 94612-2060

Dear Mr. Stalters:

Enclosed is your signed copy of a Department of the Army permit (Enclosure 1) to dredge approximately 10,000 cubic yards of sediment from the area of USCG Station Noyo River and dispose the suitable material at an upland disposal site.

Please complete the appropriate parts of the "Project Status" form (Enclosure 2) for each episode, and return them to this office. You are responsible for ensuring that the contractor (or workers) executing the activity authorized herein is knowledgeable with the terms and conditions of this authorization.

Be advised that your signed permit will NOT be an authorization to proceed. You must first fulfill the requirements of Standard DMMO Conditions 7b, 7c, and 7d on page 2B. The conditions are for the submittal, to this office for approval, of a dredge operations plan, a before-dredge survey and a solid-debris management plan. Once these items have been submitted and approved, by this office, you will receive written authorization to commence your work. It is important that all the information requested in the above-mentioned Standard DMMO Conditions is submitted as specified or the submittal might be considered incomplete. An incomplete submittal can be returned for completion, causing delays to your project. You are also responsible for all other general and special conditions contained in your permit.

January 2, 2020

Should you have any questions please call Jessica Vargas at (415) 503-2936 or e-mail to Jessica.M.Vargas@usace.army.mil. If you wish to write, please address all correspondence to Jessica Vargas, Operations and Readiness Division and refer to the file number at the head of this letter.

Sincerely, ames C. Ma a Acting Chief, Regulatory Division

Enclosures

Copy Furnished (electronically):

US EPA, San Francisco, CA, Attn: Brian Ross <Ross.Brianepa.gov> CCC, San Francisco, CA, Attn: Mark Delaplaine <Mark.Delaplainecoastal.ca.gov> CA RWQCB, Santa Rosa, CA, Attn: Ryan Bey <Ryan.Bey@waterboards.ca.gov> CA SLC, Sacramento, CA, Attn: Michaela Moser <Michaela.Moserslc.ca.gov> US NMFS, Ukiah, CA, Attn: Tom Daugherty <Tom.Daugherty@noaa.gov>

ENG FORM 1721, Nov 86 1 (33 CFR pt. 325 (Appendix A))

DEPARTMENT OF THE ARMY

SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS

450 GOLDEN GATE AVENUE

SAN FRANCISCO, CALIFORNIA 94102-3404

DEPARTMENT OF THE ARMY PERMIT

PERMITTEE: Dave Stalters, United States Coast Guard

PERMIT NO. 2014-00257

ISSUING OFFICE: San Francisco District, U.S. Army Corps of Engineers (USACE)

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate District or Division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below:

PROJECT DESCRIPTION

The permittee is authorized to initially remove approximately 126 cubic yards (cys) of sediment from the 0.76-acre (approximately) dredge footprint and a total of approximately 10,000 cys over the life of the permit at the USCG Station Noyo River in Fort Bragg, Mendocino County, California. The design depth for the USCG Station Noyo River dredge footprint is -10 feet mean lower low water (MLLW) plus an additional 2-foot overdredge allowance. The material will be removed using a clamshell or hydraulic dredge and trucked or pumped through pipes to an approved upland disposal location. Work shall be conducted in accordance with the attached drawings entitled, “USACE File No. 2014-00257, USCG Station Noyo River Maintenance Dredging,” in 3 sheets, dated July 2019.

Prior to each dredging episode, the Dredge Material Management Office (DMMO) and other appropriate agencies will evaluate the sediments to be dredged for disposal or reuse suitability. The DMMO is tasked with approving sampling and analysis plans in conformity with testing manuals, reviewing the test results, and reaching consensus regarding a suitable disposition for the material. Material found to be unsuitable for either unconfined aquatic or beach disposal, shall be disposed of at an approved upland disposal site.

PROJECT LOCATION: USCG Station Noyo River in the City of Fort Bragg, Mendocino County, California.

GENERAL CONDITIONS:

1. The time limit for completing the work authorized ends on December 20, 2029. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

ENG FORM 1721, Nov 86 2 (33 CFR pt. 325 (Appendix A))

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as Special Conditions to this permit.

6. If a conditioned coastal zone consistency concurrence or determination has been issued for your project, you must comply with the conditions specified in the concurrence or determination as Special Conditions to this permit.

7. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the Terms and Conditions of your permit.

8. You understand and agree that, if future operations by the United States require the removal, relocation or other alteration of the structure or work authorized herein, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, you will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration (Section 10 only).

SPECIAL CONDITIONS:

1. Dredging shall be limited to July 15 through October 15 each year in order to minimize impacts to endangered species. Dredging outside this environmental work window would require consultation with the National Marine Fisheries Service (NMFS) (pursuant to Section 7 of the Endangered Species Act) and approval from the NMFS and the U.S. Army Corps of Engineers.

2. Appropriate best management practices shall be implemented when dredged material is placed into trucks for transport to a disposal site. BMPs shall be implemented to minimize spilling of excess water or sediment from trucks back into waters of the U.S.

3. Additional Standard DMMO Conditions found on pages 2A-D (attached) shall be adhered to at all times.

2A

STANDARD DMMO CONDITIONS TO PERMIT NUMBER 2014-00257

1. Your use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States.

2. You must have a copy of this permit available on the vessel used for the authorized transportation and disposal of dredged material.

3. You must advise this office as per Special Condition 11, on page 2C, before you start dredging activities under the authorization of this permit.

4. To provide notification of activities affecting navigation, the permittee shall provide the following information by e-mail, standard mail, or fax to the contact listed below at least two weeks before commencing work:

a. Name and telephone number of the dredge and or project manager.

b. Size and placement of any floating construction equipment.

c. Radio telephone frequencies and call signs of any marine equipment.

d. Anticipated work start and completion dates.

Commander (dpw) 11th Coast Guard District Coast Guard Island, Bldg 50-3 Alameda, California 94501-5100

POC:

Local Notice to Mariners Waterways Management Branch

PH: 510-437-2980

FAX: 510-437-5836

E-MAIL: D11LNM@uscg.mil

5. The Coast Guard Captain of Noyo River may require modifications to marine construction equipment deployment or mooring systems to safeguard navigation while work is in progress.

6. All vessels operated for disposal of dredged material are required to participate in the Coast Guard's Vessel Traffic Control Service (VTS). Five minutes before each departure, the permittee shall notify the VTS by radio, via Channel 14, of the following: The name of vessel; time of departure from dredge site; and time of departure from disposal site.

7. The permittee shall submit the following reports for review and comment to:

U.S. Army Corps of Engineers, San Francisco District Operations and Readiness Division Attn: Jessica Vargas 450 Golden Gate Ave, 4th Floor, Room 1111 San Francisco, California 94102-3404

a. Dredge Material Analysis: Submit, for approval, no earlier than 60 days prior to the proposed commencement of any authorized successive dredging episodes, dredge material analysis (Physical, Chemical, and Biological) sampling and testing information. Please include the U.S. Army Corps of Engineers (Corps) permit number and dredge episode number with this submittal. Also submit Regional Water Quality Control Board (RWQCB) water quality certification or waiver for disposal of the material. For each dredging episode, the permittee shall obtain the approval of the District Engineer for formulating specific sediment testing

2B procedures for the Dredged Material Analysis. The testing protocol will be in accordance with the testing guidelines as published in the Corps and U.S. Environmental Protection Agency publication entitled, "Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. - Testing Manual" (The Inland Testing Manual or ITM, EPA-823-B-98-004), dated February 1998, and subsequent amendments thereto. The permittee shall provide a copy of the Dredged Material Analysis to the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and California Department of Fish and Wildlife concurrent with the California Coastal Commission’s, RWQCB’s, and the Corps' receipt of this information. Agency comments submitted to the Corps within 15 calendar days thereafter will be given full consideration in the decision on dredged material disposal.

b. Dredge Operation Plan: Submit, for approval by this office, no earlier than 60 calendar days and no later than 20 calendar days before the proposed commencement of dredging, a plan which includes the following:

Corps permit number, dredge episode number, a copy of the dredging contract or description of the work under which the contractor will do the permitted work; name and telephone numbers of the dredging contractor's representative on site; dredging start and completion dates; names of vessel; dump scow numbers or identification; bin or barge capacities; identification of work as either maintenance dredging or new dredging;

discussion of proposed dredging procedures, as governed under Special Condition No. 11, with detailed drawings or specifications of the grid or centrifugal pump system; quantity of material to be removed; dredging design depth and typical cross section including overdepth; and date of last dredging episode and design depth. The Dredge Operational Plan shall also provide the following information:

1. The controls being established to insure that dredging operations occur within the limits defined by the channel dimensions and typical channel section. The horizontal and vertical positioning systems being utilized must be indicated as noted in 3 below.

2. The controls being established to insure that disposal of the dredged material at the disposal site is at the assigned location and depth. The horizontal and vertical positioning systems being utilized must be indicated as noted in 3) below.

3. Method of determining electronic positioning of dredge or dump scow during entire dredging operation at dredge site, disposal site and en route to and from disposal site.

Please note that failure to provide all of the above information may result in delays to your project. When your Dredge Operation Plan has been approved, you will receive a written authorization to commence with your project.

c. Pre-Dredge Survey: Submit no earlier than 60 calendar days and no later than 20 calendar days before commencement of dredging, a survey with accuracy to one-tenth foot that delineates and labels the following:

areas to be dredged with overdepth allowances; existing depths; estimated quantities to be dredged for the project;

and estimated quantities for overdepth. All surveys shall be signed by the permittee to certify their accuracy.

Please include the Corps permit number and dredge episode number.

Please note that failure to provide all the above information may result in delays to your project.

d. Solid Debris Management Plan: Submit no earlier than 60 calendar days and no later than 20 calendar days before commencement of work, a plan which describes measures to ensure that solid debris generated during any authorized demolition or construction operation is retained and properly disposed in areas not under Corps jurisdiction. At a minimum, the plan shall include the following: source and expected type of debris; debris retrieval method; Corps permit number and dredge episode number; disposal method and site; schedule of disposal operations; and debris containment method to be used, if floatable debris is involved.

2C

Please note that failure to provide all the above information may result in delays to your project.

e. Post-Dredge Survey: Submit, within 30 days of the last disposal activity (“last” is defined as that activity after which no further activity occurs for 15 calendar days), a survey with accuracy to one-tenth foot that delineates and labels the areas dredged and the dredged depths. Also, include the Corps permit number, dredge episode number, dates of dredging commencement and completion, actual quantities dredged for the project, and actual quantities of overdepth. The permittee shall substantiate the total quantity dredged by including calculations used to determine the volume difference (in cubic yards) between the Pre- and Post-Dredge Surveys and explain any variation in quantities greater than 15% beyond estimated quantities or dredging deeper than is permitted (design plus overdepth allowance). All surveys shall be accomplished by a licensed surveyor and signed by the permittee to certify their accuracy. A copy of the post dredge survey should be sent to the National Ocean Service for chart updating:

NOAA/National Ocean Service, Nautical Data Branch N/CS26, SSMC3, Room 7230 1315 East-West Highway

Silver Spring, Maryland 20910-3282.

8. Disposal Site Verification Log (DSVL): Submit on a weekly basis by noon Monday, the log (downloadable from http://www.spn.usace.army.mil/Portals/68/docs/Dredging/guidance/document2010-09-07-132110.pdf) that enumerates work accomplished during the preceding week. Mail to:

U.S. Army Corps of Engineers, San Francisco District Attn: Shelah Sweatt 450 Golden Gate Ave, 4th Floor, Room 1111 San Francisco, California 94102-3404;

E-mail to shelah.sweatt@usace.army.mil or FAX to Ms. Shelah Sweatt at (415) 503-6693. Please include the Corps permit number and dredge episode number. The log will be provided when the Corps approves the Dredge Operation Plan and authorizes the commencement of the dredging.

9. Overflow requirements:

a. No overflow or decant water shall be discharged from the barge, with the exception of spillage incidental to mechanical dredge operations.

b. During transportation from the dredging site to the disposal site, no material shall be permitted to overflow, leak or spill from barge, bins or dump scows.

10. The mechanically dredged material shall be passed through a debris grid, with a maximum opening size of 12 inches by 12 inches that will cover the entire loading area of the dump scow. Everything that does not pass through the grid will be considered solid debris and shall be disposed in areas outside of Corps jurisdiction. All such material shall be promptly removed from the grid at the end of each 8 hour shift or sooner.

11. The permittee or dredge contractor shall inform this office when: 1) a dredge episode actually commences,

2) when dredging is suspended (suspension is when the dredge contractor leaves the dredge site for more than 48 hours for reasons other than equipment maintenance), 3) when dredging is restarted, and 4) when dredging is complete. Each notification should include the Corps permit number and dredge episode number. The information can be sent to the attention of Jessica Vargas, in writing to the address below; e-mailed to Jessica.M.Vargas@usace.army.mil or via telephone message at (415) 503-2936, or FAX to (415) 503-6693;

http://www.spn.usace.army.mil/Portals/68/docs/Dredging/guidance/document2010-09-07-132110.pdf

2D

U.S. Army Corps of Engineers, San Francisco District Chief, Operations and Readiness Branch Attn: Jessica Vargas 450 Golden Gate Ave, 4th Floor, Room 1111 San Francisco, California 94102-3404

12. The permittee, as directed by the District Engineer under authority pursuant to the policies and procedures of 33 CFR 325.7, may be required to modify disposal schedules and monthly disposal quantities for particular dredging episodes.

13. The permittee shall allow the dredging area and equipment to be inspected by the Corps staff upon request.

14. For each dredge episode, the permittee shall be responsible for obtaining a letter of water quality certification from the Regional Water Control Quality Board and authorization from the California Coastal Commission (CCC). Water quality certification and CCC authorization will be a prerequisite to the District Engineer's decision to approve or disapprove specific dredge episodes pursuant to the policies and 33 CFR 325.2(b)(1)(ii) and 325.2(b)(2)(ii).

15. If a land, ocean, or other aquatic disposal site becomes available for use during the life of the permit, the permittee shall evaluate these disposal alternatives, taking into consideration cost, existing technology, and logistics in light of the overall project purpose to facilitate compliance with the 404(b)(1) Guidelines (40 CFR 230). This evaluation shall be submitted to the Corps at least 60 calendar days before commencement of subsequent dredging episodes. The District Engineer, upon review of this information and after consultation with other resource agencies, may direct the permittee to use such sites in lieu of or in addition to the Humboldt Open Ocean Disposal Site (HOODS), under authority of 33 CFR 325.7 and 40 CFR 230.10(a).

ENG FORM 1721, Nov 86 3 (33 CFR pt. 325 (Appendix A))

FURTHER INFORMATION:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). Section 10 of the Rivers and Harbors Act generally regulates all structures and work occurring below the plane of mean high water in tidal waters of the United States; in former diked baylands currently below mean high water; outside the limits of mean high water but affecting the navigable capacity of tidal waters; or below the plane of ordinary high water in non-tidal waters designated as navigable waters of the United States. Navigable waters of the United States generally include all waters subject to the ebb and flow of the tide; and/or all waters presently used, or have been used in the past, or may be susceptible for future use to transport interstate or foreign commerce. The term "structure" includes, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island or reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, or any other obstacle or obstruction. The term "structure" does not include bridges and causeways constructed in or over navigable or tidal waters of the United States, since this regulatory responsibility has been delegated to the U.S. Coast Guard under the Department of Transportation Act of 1966 (Pub. L. No. 89-670). The term "work" includes, without limitation, any dredging or disposal of dredged material, filling, or other modification of a navigable water of the United States.

( ) Section 404 of the Clean Water Act (33 U.S.C. § 1344). Section 404 of the Clean Water Act generally regulates all discharges of dredged or fill material occurring below the plane of ordinary high water in non-tidal waters of the United States; or below the high tide line in tidal waters of the United States; and within the lateral extent of wetlands adjacent to these waters. Waters of the United States generally include the territorial seas; all traditional navigable waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including waters subject to the ebb and flow of the tide; wetlands adjacent to traditional navigable waters; non-navigable tributaries of traditional navigable waters that are relatively permanent, where the tributaries typically flow year-round or have continuous flow at least seasonally; and wetlands directly abutting such tributaries. Where a case-specific analysis determines the existence of a "significant nexus" effect with a traditional navigable water, waters of the United States may also include non-navigable tributaries that are not relatively permanent; wetlands adjacent to non-navigable tributaries that are not relatively permanent; and wetlands adjacent to but not directly abutting a relatively permanent non-navigable tributary. The term "dredged material" means material that is excavated or dredged from waters of the United States. The term "fill material" means material placed in waters of the United States where the material has the effect of replacing any portion of a water of the United States with dry land or of changing the bottom elevation of any portion of a water of the United States. Examples of such fill material include, but are not limited to, rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in waters of the United States. The term "fill material" does not include trash or garbage.

(X) Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. § 1413). Section 103 of the Marine Protection, Research, and Sanctuaries Act generally regulates the transport of dredged material for the purpose of disposal in ocean waters. Ocean waters is defined as those waters of the open seas lying seaward of the base line from which the territorial seas is measured, as defined in the Convention of the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639).

2. Limits of this authorization:

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal project.

ENG FORM 1721, Nov 86 4 (33 CFR pt. 325 (Appendix A))

3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate. (See Item 4 above.)

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 C.F.R. Section 325.7 or enforcement procedures such as those contained in 33 C.F.R.

Sections 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the Terms and Conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 C.F.R. Section 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

Dave Sta S4 l 'Iec.)

(DATI)

United States Coast Guard (Permittee)

This permit becomes effective when the Federal official, designated to act for the Secretary ofthe Army, has signed below.

4Z4 '4,_-

James . Mazza (DATE) I Acting Chief, Regulatory Division

When the structures or work authorized by this permit are still in existence t the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE) (DATE)

ENG FORM 1721, Nov 86 5 (33 CFR pt. 325 (Appendix A))

PROPOSED

MAINTENANCE

DREDGING AREA

NORTH JETTY

UPLAND DISPOSAL

SITE

PROPOSED

MAINTENANCE

DREDGING AREA

NORTH JETTY

UPLAND DISPOSAL

SITE

0 2,000 FEET

0 500 METERS

Project Vicinity USCG Maintenance Dredging Project

Station Noyo River

A portion of the Fort Bragg, CA Quadrangle 1978.

USACE File No. 2014-00257, USCG Station Noyo River Maintenance Dredging July 2019

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UPLAND DISPOSAL

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Area of Potential Effects (Proposed Maintenance Dredging Area)

Area of Potential Effects (Sediment Disposal Site)

LEGEND

0 450 FEET

0 130 METERS

Area of Potential Effects USCG Maintenance Dredging Project

Station Noyo River

USACE File No. 2014-00257, USCG Station Noyo River Maintenance Dredging July 2019

PROJECT STATUS

Please use the forms below to report the dates when you start and finish the work authorized by the enclosed permit. Also if you suspend work for an extended period of time, use the forms below to report the dates you suspended and resumed work. If you find that you cannot complete the work within the time granted by the permit, please apply for a time extension at least one month before your permit expires. If you materially change the plan or scope of the work, it will be necessary for you to submit new drawings and a request for a modification of your permit.

(cut as needed) ---------------------------------------------------------------------------------------------------------------------------------------------------- Date:______________

NOTICE OF COMPLETION OF WORK under Department of the Army Permit No. 2014-00257, Episode 1 TO: District Engineer, US Army Corps of Engineers, Operations and Readiness Division, 450 Golden Gate Avenue, 4th Floor, Room 1111, San Francisco, CA 94102-3404

In compliance with the conditions of Permit No. 2014-00257, this is to notify you that work was completed on _______________________.

Permittee: Mr. Dave Stalters, United States Coast Guard Address: 1301 Clay Street, Suite 700N, Oakland, California 94612

(cut as needed) ----------------------------------------------------------------------------------------------------------------------------------------------------- Date:_______________

NOTICE OF RESUMPTION OF WORK under Department of the Army Permit No. 2014-00257, Episode 1 TO: District Engineer, US Army Corps of Engineers, Operations and Readiness Division, 450 Golden Gate Avenue, 4th Floor, Room 1111, San Francisco, CA 94102-3404

In compliance with the conditions of Permit No. 2014-00257, this is to notify you that work was resumed on _______________________.

Permittee: Mr. Dave Stalters, United States Coast Guard Address: 1301 Clay Street, Suite 700N, Oakland, California 94612

(cut as needed) ----------------------------------------------------------------------------------------------------------------------------------------------------- Date:________________

NOTICE OF SUSPENSION OF WORK under Department of the Army Permit No. 2014-00257, Episode 1 TO: District Engineer, US Army Corps of Engineers, Operations and Readiness Division, 450 Golden Gate Avenue, 4th Floor, Room 1111, San Francisco, CA 94102-3404

In compliance with the conditions of Permit No. 2014-00257, this is to notify you that work was suspended on _______________________.

Permittee: Mr. Dave Stalters, United States Coast Guard Address: 1301 Clay Street, Suite 700N, Oakland, California 94612

(cut as needed) ----------------------------------------------------------------------------------------------------------------------------------------------------- Date:________________

NOTICE OF COMMENCEMENT OF WORK under Department of the Army Permit No. 2014-00257, Episode 1 TO: District Engineer, US Army Corps of Engineers, Operations and Readiness Division, 450 Golden Gate Avenue, 4th Floor, Room 1111, San Francisco, CA 94102-3404

In compliance with the conditions of Permit No. 2014-00257, this is to notify you that work commenced on _________________________.

Permittee: Mr. Dave Stalters, United States Coast Guard Address: 1301 Clay Street, Suite 700N, Oakland, California 94612

Sept. 2008

North Coast Regional Water Quality Control Board November 26, 2019

In the Matter of Water Quality Certification for Maintenance Dredging at U.S. Coast Guard Station Noyo River Project

APPLICANT: United States Coast Guard RECEIVING WATER: Noyo River HYDROLOGIC UNIT: Noyo River 113.20 COUNTY: Mendocino FILE NAME: Maintenance Dredging at U.S. Coast Guard Station Noyo

River Project; ECM PIN CW-860225; WDID

1B190108WNME

Findings By The Executive Officer:

1. On June 20, 2019, David W. Stalters, on behalf of the United States Coast Guard

(Applicant) filed an application for water quality certification (certification) under section 401 of the Clean Water Act (33 U.S.C. § 1341) with the North Coast Regional Water Quality Control Board (Regional Water Board) for activities associated with the Maintenance Dredging at U.S. Coast Guard Station Noyo River Project (Project). The Project is adjacent to 19325 South Harbor Drive in Fort Bragg at latitude 39.4239 and longitude -123.80278.

2. Public Notice: The Regional Water Board provided public notice of the application pursuant to Title 23, California Code of Regulations, Section 3858 on October 2, 2019, and posted information describing the Project on the Regional Water Board’s website. No comments were received.

3. Receiving Waters: The Project will cause disturbances to the Noyo River Hydrologic Area 113.20 and the Pacific Ocean.

4. Project Description: The Project will provide maintenance dredging to allow for safe dockage and maneuvering at the facility and protect Coast Guard property from damage. Dredging is needed to ensure that USCG Station Noyo River can fulfill its mission under the Port and Waterways Safety Act.

The Project includes dredging and disposal of sediment from a berth located at USCG Station Noyo River. Initial dredging would commence in 2020, with subsequent dredging every two to five years. The 0.76-acre permitted maintenance dredge area (dredge prism) is located within the previous dredge prism and considered maintenance dredging. Dredging will be to a depth of 10 feet below mean lower low water (MLLW) plus an additional two feet of allowed over dredge depth. The initial dredge event will be conducted in a footprint of approximately 0.05

Maintenance Dredging USCG Station Noyo- 2 - November 26, 2019

WDID 1B190108WNME

acres and would remove approximately 126 cubic yards of sediment. An estimated 5,000 cubic yards of sediment would be removed over 5 years.

Dredging will be conducted using either a barge-mounted clamshell, backhoe dredge, or pipeline dredge. Dredging activities will last up to one week. Initial placement of dredged material will potentially occur at the North Jetty Upland Disposal Site located just north of Noyo River entrance channel and just west of the Highway 1 bridge. Ocean disposal is not proposed. If the North Jetty Upland Disposal Site is at capacity, another approved site will be used. Sediment disposal will comply with pertinent regulatory programs, including the Marine Protection, Research, and Sanctuaries Act of 1972 and Section 10 of the Rivers and Harbors Act.

5. Construction Timing: The Project will be conducted between July 15 and October 15 of 2020 through 2024.

6. Project Impacts: Approximately 5,000 cubic yards of dredge material will be removed from within the 0.76-acre Project area. Temporary impacts to water quality include increased turbidity and decreased dissolved oxygen. Dredging causes resuspension of sediment and has the potential to release hazardous chemicals into the waterbody that have settled and become trapped within the sediment. However, given the slow-moving currents of USCG Station Noyo River and the sandy composition of the sediment, the dredging plume is expected to be minimal and to be confined to within the Project area. Overall, the potential impacts on water quality are minimal, short term, and within background conditions.

7. Mitigation for Project Impacts: The Noyo River watershed is currently included on the Clean Water Act Section 303(d) list of impaired waterbodies due to excessive temperature and sediment. Dredging will remove some excess sediment. The Applicant proposes to incorporate BMPs to avoid discharges during and after dredging and to deploy a full depth turbidity curtain to minimize turbidity. To prevent impacts to eelgrass (Zostera marina), pre-dredging surveys will be conducted prior to and within 60 days of each dredging episode. Dredging activities will be conducted outside of anadromous salmonids spawning seasons and are not likely to adversely impact them or their critical habitat.

8. Project Tracking: It has been determined through regional, state, and national studies that tracking of mitigation and restoration Projects must be improved to better assess their performance. In addition, to effectively carry out the state’s Wetlands Conservation Policy of no net loss to wetlands, the state needs to closely track both aquatic habitat losses and the success of mitigation and restoration Projects. Therefore, this certification requires the Applicant to upload impact totals and mitigation measures to a web-based Project tracking system called “EcoAtlas” using the “Project Tracker” form, which can be found here: http://ptrack.ecoatlas.org.

Instructions and how to request a user name and password are on the Project Tracker website. More information about EcoAtlas is available at: www.ecoatlas.org.

9. Total Maximum Daily Load (TMDL): The Noyo River is identified as impaired for sediment and temperature under Clean Water Act Section 303(d). The Project will remove some excess sediment for the Noyo River. Activities that will be authorized http://ptrack.ecoatlas.org/ http://www.ecoatlas.org/

Maintenance Dredging USCG Station Noyo- 3 - November 26, 2019 by this Certification are designed to reduce turbidity. Accordingly, this Certification is consistent with, and implements, BMPs that would attenuate sediment and temperature adverse impacts.

10. Sediment TMDL Implementation Policy: Pursuant to Regional Water Board Resolution R1-2004-0087, Total Maximum Daily Load Implementation Policy Statement for Sediment-Impaired Receiving Waters within the North Coast Region (Sediment TMDL Implementation Policy), the Executive Officer is directed to “rely on the use of all available authorities, including existing regulatory standards, and permitting and enforcement tools to more effectively and efficaciously pursue compliance with sediment-related standards by all dischargers of sediment waste.

11. Other Agency Actions: The Applicant has applied to the U.S. Army Corps of Engineers for an Individual Permit, pursuant to section 404 of the Clean Water Act.

Additionally, a Biological Assessment was completed by the U.S. National Marine Fisheries Service. The Applicant received a letter from the California Coastal Commission agreeing with the USCG’s determination that the Project would not adversely affect public access and recreation, sensitive habitat, or other coastal zone resources.

12. CEQA Compliance: As lead California Environmental Quality Act (CEQA) agency, the North Coast Regional Water Quality Control Board (NCRWQCB) has determined that the project qualifies for a Categorical Exemption 15304 (g) Minor Alterations to Land: Maintenance Dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. The NCRWQCB would file a Notice of Exemption with the State Clearinghouse concurrent with issuance of the 401 Water Quality Certification, pursuant to CEQA guidelines.

13. Antidegradation Policy: The federal antidegradation policy requires that state water quality standards include an antidegradation policy consistent with the federal policy. The State Water Board established California’s antidegradation policy in State Water Board Resolution 68-16, which incorporates the federal antidegradation policy where the federal policy applies under federal law. Resolution 68-16 requires that existing high quality waters be maintained unless degradation is justified under specific provisions. The Regional Water Board’s Basin Plan implements, and incorporates by reference, both the state and federal antidegradation policies. This Certification is consistent with applicable federal and state antidegradation policies, as it does not authorize the discharge of increased concentrations of pollutants or increased volumes of treated wastewater, and does not otherwise authorize degradation of the waters affected by this Project.

14. This discharge is also regulated under State Water Resources Control Board Order 2003-0017-DWQ, General Waste Discharge Requirements for Dredge and Fill Discharges that have Received State Water Quality Certification, which requires compliance with all conditions of this water quality certification.

Maintenance Dredging USCG Station Noyo- 4 - November 26, 2019

Receiving Water: Noyo River and Pacific Ocean

Filled and/or Excavated Areas:

Permanent Impacts none

Filled and/or Excavated Areas:

Temporary Impacts no more than 5,000 cubic yards of removed material over an area of 0.76 acres

Latitude/Longitude: 39.4239, -123.80278

Certification Expiration: November 26, 2024

Accordingly, based on its independent review of the record, the Regional Water Board certifies that the Maintenance Dredging at U.S. Coast Guard Station Noyo River Project (WDID 1B190108WNME), as described in the application, will comply with sections 301, 302, 303, 306, and 307 of the Clean Water Act, and with applicable provisions of state law, provided that the Applicant complies with the following terms and conditions:

All conditions of this Certification apply to the Applicant (and all their employees) and all contractors (and their employees), sub-contractors (and their employees), and any other entity or agency that performs activities or work on the Project as related to this water quality certification.

Project Specific Conditions

1. The Applicant shall comply with the supplemental information package submitted to the Regional Water Board on September 9, 2019, in an email entitled “Maintenance and dredging at Coast Guard Station Noyo River Project 401 Water Quality Cert”.

The package clarified that no more than 5,000 cubic yards of dredged material shall be removed in a 5-year period.

2. No dredged material shall be permitted to overflow, leak, or spill from barges, bins, or dump scows during transportation from the dredging site.

3. The Applicant shall monitor turbidity within 500 feet of dredging to ensure water quality objectives are maintained during dredging and, if necessary, take proposed adaptive measures or Best Management Practices (BMPS) to avoid and minimize exceedances greater than 20% above background turbidity levels.

Project-Specific Conditions Requiring Reports

4. The Applicant shall provide an electronic copy of the Annual Dredge Report to

Regional Water Board staff within 60 days of completion of dredging operations or by November 1, annually, if no dredging will occur that year. The report may be submitted via email to the following address: northcoast@waterboards.ca.gov.

The report shall contain the dates and of dredging, maps of the dredging footprint, and final dredging volumes.

mailto:northcoast@waterboards.ca.gov

Maintenance Dredging USCG Station Noyo- 5 - November 26, 2019

Standard Conditions

5. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Water Code section 13330 and title 23, California Code of Regulations, section 3867.

6. This certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to title 23, California Code of Regulations, section 3855, subdivision (b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

7. The validity of this certification is conditioned upon total payment of any fee required under title 23, California Code of Regulations, section 3833, and owed by the Applicant.

8. Certification is conditioned upon total payment of the full fee required in State regulations (23 CCR 3833). The application fee for the Project is $0 and additional annual discharge fees are not required because the USCG is a federal agency (fee code #18 Federal Facility).

9. This certification does not authorize drafting of surface waters. Any drafting of surface waters shall be in compliance with state water rights law and diversion requirements overseen by the State Water Resources Control Board’s Division of Water Rights.

10. Only wildlife-friendly, 100 percent biodegradable erosion and sediment control products that will not entrap or harm wildlife shall be used. Erosion and sediment control products shall not contain synthetic (e.g., plastic or nylon) netting.

Photodegradable synthetic products are not considered biodegradable. The Applicant shall request approval from the Regional Water Board if an exception from this requirement is needed for a specific location.

11. Best management practices (BMPs) shall be implemented according to the submitted application and the conditions in this certification. BMPs for erosion, sediment, and turbidity control shall be implemented and in place at commencement of, during, and after any ground clearing activities or any other Project activities that could result in erosion or sediment discharges to surface water. BMPs shall be immediately available for deployment at all times to prevent discharges to waters of the state.

12. The Applicant is prohibited from discharging waste to waters of the state, unless explicitly authorized by this certification. For example, no debris, soil, silt, sand, bar, slash, sawdust, cement or concrete washings, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature, other than that authorized by this Certification, shall be allowed to enter into or be placed where it may be washed by rainfall into waters of the state. When operations are completed, any excess material or debris shall be removed from the work area.

Maintenance Dredging USCG Station Noyo- 6 - November 26, 2019

13. The Applicant is liable and responsible for the proper disposal, reuse, and/or recycling of all Project-generated waste in compliance with applicable state and federal laws and regulations.

14. The Applicant shall provide Regional Water Board staff access to the Project site to document compliance with this certification.

15. Work in flowing or standing surface waters, unless otherwise proposed in the Project description and approved by the Regional Water Board, is prohibited.

16. If, at any time, an unauthorized discharge to surface water (including wetlands, lakes, rivers, or streams) occurs, or any water quality problem arises, the associated Project activities shall cease immediately until adequate BMPs are implemented including stopping work. The Regional Water Board shall be notified promptly and in no case more than 24 hours after the unauthorized discharge or water quality problem arises.

17. All Project activities shall be implemented as described in the submitted certification application package and the findings and conditions of this certification. Subsequent Project changes that could significantly impact water quality shall first be submitted to Regional Water Board staff for prior review, consideration, and written concurrence. If the Regional Water Board is not notified of a significant alteration to the Project, it will be considered a violation of this certification, and the Applicant may be subject to Regional Water Board enforcement actions.

18. Prior to implementing any change to the Project that may be a material change as defined in California Water Code section 13260(c) as a proposed change in character, location, or volume of the discharge, the Applicant shall obtain prior written approval of the Regional Water Board Executive Officer. If the Regional Water Board is not notified of the material change to the discharge, it will be considered a violation of this certification, and the Applicant may be subject to Regional Water Board enforcement action(s).

19. The Applicant shall provide a copy of this Certification and State Water Board Order 2003-0017-DWQ to any contractor(s), subcontractor(s), and utility company(ies) conducting work on the Project and shall require that copies remain in their possession at the work site. The Applicant shall be responsible for ensuring that all work conducted by its contractor(s), subcontractor(s), and utility companies is performed in accordance with the information provided by the Applicant to the Regional Water Board.

20. Disturbance or removal of existing vegetation as detailed within the application shall not exceed the minimum necessary to complete the Project.

21. Fueling, lubrication, maintenance,…