Amendment 3A_C2007.005.07_U.S.CoastGuardFINALPERMIT.pdf

San Francisco Bay Conservation and Development Commission 375 Beale Street, Suite 510, San Francisco, California 94105 tel 415 352 3600 fax 888 ~48 5190

State of California I Gavin Newsom - Governor I info@bcdc.ca.qov I www.bcdc.ca.gov

July 1, 2021

U.S. Coast Guard, Facilities Design and Construction Center 5505 Robin Hood Road, Suite K Norfolk, Virginia 23513

ATTENTION: William Robinson via email <William.A.Robinson@uscg.rnil>

SUBJECT: Consistency Determination No. C2007.005.07

Ladies and Gentlemen:

On August 20, 2021, the United States Coast Guard submitted a description of the project and requested that the Commission concur that the proposed project is consistent with its Amended Coastal Zone Management Program for San Francisco Bay. The Commission conditionally concurs with the determination of the United States Coast Guard that the maintenance dredging to a depth of minus 10 feet Mean Lower Low Water of the berthing area, fairway leading to the berthing area and entrance channel to the Guard Station Vallejo facility in the City of Vallejo, Solano County, and the disposal or placement of the dredged sediment at the state and federal authorized disposal sites, or beneficial reuse of the dredged sediment over ten years is consistent with the Commission's Amended Management Program for San Francisco Bay.

In this amended Letter of Agreement, the new language is underlined, and the deleted language has been struck thro1:1gh. Please review the amended Letter of Agreement and if the US Coast Guard agrees with the letter, please acknowledge that concurrence and sign the signature block on the last page and keep a copy for your records. Once signed, please return the signed copy to our offices within ten days. If the US Coast Guard objects to the conditions of the amendment Letter of Agreement, please notify our staff of the objection, which will render it null and void. We appreciate your coordination efforts and look forward to continuing to work together.

The Commission's conditional amended Letter of Agreement for the subject consistency determination is attached. If you should have any questions regarding the attached Letter of Agreement or need any further assistance, please contact Brenda Goeden of our staff at 415/352-3623 or brenda.goeden@bcdc.ca.gov.

LG/BG/gg

DocuSign Envelope ID: D34C3F42-4921-403B-835F-95087DCFAF8F mailto:brenda.goeden@bcdc.ca.gov https://C2007.005.07 mailto:William.A.Robinson@uscg.rnil www.bcdc.ca.gov mailto:info@bcdc.ca.qov

San Francisco Bay Conservation and Development Commission 375 Beale Street, Suite 510, San Francisco, California 94105 tel 415 352 3600 fax 888 348 5190

State of California I Gavin Newsom - Governor I info@bcdc.ca.gov I www.bcdc.ca.gov

LETTER OF AGREEMENT FOR CONSISTENCY

DETERMINATION NO. C2007.00S.07

(Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

U.S. Coast Guard, Facilities Design and Construction Center 5505 Robin Hood Road, Suite K Norfolk, Virginia 23513

ATTENTION: William A. Robinson

I. Agreement

A. Authorized Project. The San Francisco Bay Conservation and Development Commission conditionally concurs with the amended consistency determination of the U.S. Coast Guard (Coast Guard) that the following project is consistent with the Commission's federally approved Coastal Zone Management Program for the San Francisco Bay segment of the California coastal zone, subject to the Coast Guard's acceptance of the conditions contained in Section II below and the incorporation of those conditions into the project and the Coast Guard's consistency determination. If the Coast Guard fails to agree to these conditions and fails to incorporate the conditions into the project, the Coast Guard should treat this conditional concurrence as an objection and should notify the Commission immediately. If this conditional concurrence becomes an objection, the provisions of 15 Code of Federal Regulations Sections 930.43, 930.44, and 930.45 shall apply.

Location: Within the coastal zone of San Francisco Bay, including in the Bay and within the 100-foot shoreline band, at U.S. Coast Guard Station Vallejo, in the Vallejo Marina in Mare Island Strait {Exhibit A), in the City of Vallejo, Solano County.

Description: 1. Conduct maintenance dredging of up to 30,000 cubic yards (cy) of sediment from docks in the Vallejo Marina to a depth of minus 10 feet Mean lower Low Water (MLLW), plus 2 feet of over dredge depth allowance (Exhibits B and C), over ten years (Amendment No. Three) (completed);

Ii

DocuSign Envelope ID: D34C3F42-4921-403B-835F-95087DCFAF8F https://C2007.00S.07 www.bcdc.ca.gov mailto:info@bcdc.ca.gov

LETTER OF AGREEMENT FOR CONSISTENCY

DETERMINATION NO. C2007.005.07

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

2. Conduct maintenance dredging of up to 60,000 cy of sediment from berthing area, fairway, and entrance channel associated with the Station Vallejo Boat Basin within 59,560 square feet of the Valleio Municipal Marina to a depth of minus 10 feet Mean l ower low Water (MllW), plus 2 feet of over dredge depth allowance (Amended Exhibits A and BL over ten years (Amendment No. Seven}.

-b 3. Dispose of the maintenance dredged sediment at the state and federally authorized Carquinez (SF-9) disposal site (Exhibit D), the San Francisco Deep Ocean Disposal Site (SF-DODS), or an authorized upland location (Amendment No. Three and Seven);

~ 4. Improve access for Coast Guard vessels by removing five, 110-square-foot (550 square feet total) derelict, floating finger piers and seven creosote-treated piles, and installing, using and maintaining a five-foot-wide, 215-foot-long (1,075 square feet) grated gangway supported by three H-piles and a 45-square-foot, grated platform supported by one H-pile resulting in a net fill of 570 square feet of pile-supported fill (Amendment No. One) (completed);

4. ~ Improve and expand the Coast Guard docks to accommodate a larger medium response boat by:

(a) removing an approximately 190-square-foot area of the grated walkway and relocating one 14-inch-wide steel H-pile to support the new end of the walkway and the gangway; (b) relocating four 18-inch-in-diamater concrete piles and a 630-square-foot floating dock approximately 50 feet closer to shore; (c) installing three 18-inch-in diameter concrete piles and a 450-square-foot floating dock; and {d) conducting in-kind repair and maintenance activities at the facilities, all of which

DocuSign Envelope ID: D34C3F42-4921-403B-835F-95087DCFAF8F https://C2007.005.07

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

yield a net increase in solid fill of approximately seven square feet and a net increase in floating fill of approximately 450 square feet (Amendment No. Two) (completed);

➔.- 6. Reconstruct, expand, use, and maintain the Coast Guard's floating Jetdocks system authorized in I-A-4, above, by expanding Jetdocks 1 through 3 from their existing lengths ofbetween 26-feet-and four-inches and 28-feet-and-two-inches to 36-feet and-four-inches each with widths remaining constant at 15 feet, resulting in an approximately 400-square-foot increase in floating fill. The existing Jetdocks will be temporarily placed on a barge to allow for maintenance before the Jetdocks are expanded in the water (Amendment No. Four) (completed); and s,. L Demolish buildings of varying dimension approximately 4,570 square feet, 3,266 square feet, 420 square feet (two sheds), and 208 square feet; construct, use, and maintain in-kind an approximately 13,803-square-foot, two-story building for administrative, housing, and maintenance activities, an approximately 2,100-square-foot patio, a 5,152-square-foot landscaped area, and a 331-square-foot stormwater bioswale;

repave, use, and maintain in-kind an approximately 11,980-square-foot parking area; and install, use, and maintain in-kind an approximately 988-foot long, seven-to-eight-foot-high fence at the site.

(Amendment No. Five) (completed).

B. Consistency Determination Dates. The originalThis amended agreement is given based on the information submitted by or on behalf of the Coast Guard in its amended application dated October 19, 2007, and received by the Commission's staff on October 23, 2007, requesting Consistency Determination No. C2007.005.00. The amended Letter of Agreement is issued based on the letters dated April 1, 2011, April 30, 2012, April 3, 2013, August 8, 2013, aA-G March 30, 2017, June 5, 2018, and July 31, 2020, requesting Amendment Nos. One, Two, DocuSign Envelope ID: D34C3F42-4921-403B-835F-95087DCFAF8F https://C2007.005.00

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

Three, Four, a-Re Five, Six, and Seven, respectively, and all accompanying and subsequently submitted exhibits, information, and correspondence and all conditions of this amended agreement herein.

C. Deadlines for Commencing and Completing Authorized Work. Work authorized under the original agreement was required to commence prior to August 30, 2009, or the original agreement was to lapse and become null and void. Such work was also required to be diligently pursued to completion and completed within ten years of issuance of the original agreement or by August 22, 2018, unless an extension oftime was granted by further amendment of the agreement to the amended consistency determination.

Work authorized under Amendment No. One was to commence by December 31, 2011, or the amended Consistency Determination would lapse and become null and void. Such work was also to be diligently pursued to completion and completed by December 31, 2012, unless an extension of time was granted by further amendment of this amended agreement.

Work authorized under Amendment No. Two was to commence by August 1, 2012, or the amended Consistency Determination would have lapsed and become null and void. Such work was also to be diligently pursued to completion and completed within two years of commencement or by August 1, 2014, whichever was earlier, unless an extension of time was granted by further amendment of this amended agreement. The in-kind repair and maintenance of the gangway and platform authorized in item I-A-2 (Amendment Nos. One and Two), may occur as needed for so long as the project authorized under Amendment Nos. One, Two and Three exists.

Work authorized under Amendment No. Three was to commence by September 15, 2014, or the amended Consistency Determination would have lapsed and become null and void. Such work was also to be diligently pursued to completion and completed by August 22, 2018, unless an extension of time was granted by further amendment of this amended agreement (Amendment No. Three).

Work authorized under Amendment No. Four, the expansion of the floating Jet docks, was to commence prior to September 30, 2014, or this amended Consistency Determination would have lapsed and become null and void. Such work was also to be diligently pursued to completion and completed within four months of commencement or by December 31, 2014, whichever was earlier, unless an extension of time was granted by further amendment of this amended agreement. In-kind repair, temporary removal, and subsequent return of the Jetdocks, as authorized in item I-A-5 (Amendment No. Four), may occur as needed for so long as the project authorized under Amendment No. Three exists.

DETERMINATION NO. C2007.00S.07

U.S. Coast Guard {Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

Work authorized in Amendment No. Five must commence prior to September 30, 2019, or this amended consistency determination will lapse and become null and void. Such work must be diligently pursued to completion and completed within two years or by September 30, 2021, whichever is earlier, unless an extension of time is granted by further amendment to this agreement. Maintenance authorized in Amendment No. Five may occur as long as the project defined in Amendment No. Five is in place.

Amendment No. Six was a time extension that allowed the Coast Guard to continue its 2018 dredging episode through December 31, 2018 as well as an extension to the environmental work window included as a condition of this amended Letter of Agreement (Amendment No. Seven).

Work authorized under Amendment No. Seven, maintenance dredging of t he Station Vallejo berthing area inside the Vallejo Marina over ten years and the associated placement of t he dredged sediment shall commence by October 31, 2022. or the amended Letter of Agreement w ill lapse and become null and void. Such shall also to be diligent ly pursued to completion and completed by July 1, 2031 unless an extension of time is granted by further amendment of this amended agreement (Amendment No. Seven}.

II. Special Conditions

A. Project Plans

1. Amendment No. Two. The improvements authorized by Amendment No. Two shalt be built in general conformance with the document entitled, "Station Vallejo, Vallejo, CA- Construct Floating Dock", Sheets 1 through 4, prepared by the U.S. Coast Guard and dated April 2012. No further plan review is needed for this project. No changes to the design of the project shall be made without notification to the Commission and/or further amendment to this amended letter of concurrence.

2. Amendment No. Four. The improvements authorized under Amendment No. Four (Station Vallejo Jetdocks Expansion) shall conform to the plans entitled, "Enclosure 1: Current Configuration; Metal Shark Conversion", received as an attachment to the Coast Guard's letter dated August 23, 2013. No additional plan review is needed for work authorized by Amendment No. Four unless plans change.

3. Amendment No. Five. The improvements authorized in Amendment No. Five shall generally conform to the plans entttled, "Demolition Site Plan," dated April 19, 2017, and "Conceptual Grading Plan," dated April 18, 2017, prepared by the U.S. Coast https://C2007.00S.07

U.. 5. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

Guard Facilities Design & Construction Center-Seattle Detachment. No changes to the design of the project shall be made without prior notification, review and written approval of such work by or on behalf of the Commission.

8. Construction Activities

1. Construction Operations. All construction operations shall be performed to prevent construction materials from falling, washing or blowing into the Bay. In the event that such material escapes or is placed in an area subject to tidal action of the Bay, the Coast Guard shall immediately retrieve and remove such material at its expense (Amendment No. One).

2. Debris Removal. All construction debris shall be removed to an authorized location outside the jurisdiction of the Commission. In the event that any such material is placed in any area within the Commission's jurisdiction, the U.S. Coast Guard, its assignees, or successors in interest, or the owner of the improvements, shall remove such material, at its expense, within ten days after it has been notified by the Executive Director of such placement (Amendment No. One).

3. Construction Timing

a. Original Project. All construction and removal activities located bayward of the mean high tide line shall be confined to August 1 through October 15 to minimize disturbance to migratory waterfowl, nesting resident birds, steelhead trout, and delta smelt (Amendment No. One).

b. Amendment No. Two. For the project authorized by Amendment No. Two the U.S. Coast Guard may perform pile-driving activities year-round based on the revised Section 7 consultation letter from NOAA National Marine Fisheries Service, dated May 4, 2012 (Amendment No. Two).

4. Pile-Driving Work. All pile-driving activities associated with the project authorized by Amendment No. Two shall be performed with a vibratory hammer to minimize the potential for sound pressure impacts to fish (Amendment No. Two).

5. Public Access. The fence authorized by Amendment No. Five shall be installed seven feet from a public access path at the Vallejo Marina authorized in Commission Permit No. M1971.050.00 and shall be visibly permeable from the Mare Island Causeway. The replacement building authorized by Amendment No. Five shall not be located closer than 17 feet from the public access pathway.

DocuSign Envelope ID: D34C3F42-4921-403B-835F-95087DCFAF8F https://M1971.050.00

U.S. Coast Guard

(Issued Originally on August 22, 2008, and

Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

C. Creosote Treated Wood. No pilings or other wood structures that have been pressure treated with creosote shall be used in any area subject to tidal action in the Bay or any certain waterway, in any salt pond, or in any managed wetland within the Commission's jurisdiction as part of the project authorized herein (Amendment No. One).

D. Notice to Contractor. The Coast Guard shall provide a copy of this amended agreement to any contractor or person working in concert with the Coast Guard to carry out the activities authorized herein and shall point out the special conditions contained herein.

E. Water Quality Approval for Dredging Work. At least 45 days prior to the commence ment of any dredging episode authorized herein, the Coast Guard shall submit to the Executive

Director water quality certification, waste discharge requirements, or any other required approvals from the California Regional Water Quality Control Board, San Francisco Bay Region

(Water Board). Failure to obtain such certification prior to the commencement of any dredging episode shall terminate the Commission's authorization for that episode. The Executive

Director may, upon review of the RegioAal Water Board approval, either: (1) approve the dredging episode consistent with this authorization; or (2) amend this authorization, as necessary, related to water quality issues. Unless the Coast Guard agrees to amend this authorization in a manner specified by or on behalf of the Commission, this agreement shall become null and void.

F. Ten-Year Agreement for Dredging. Maintenance dredging of up to 30,000 cy or less authorized by this agreement shall be completed within the dredging footprint shown in

Exhibits Band C and ten years of the date of issuance of original agreement. In 2013 an additional 6,000 cy was added to the total volume to allow a third maintenance dredging episode through 2018 (Amendment No. Three). Maintenance dredging of up to 60,000 cy aut horized herein shall be completed within the dredging footprint shown in amended Exhibit B and within ten years of the date of issuance of Amendment No. Seven of the Amended Letter of

Agreement. No further dredging is authorized.

G. Limits on Dredging. This agreement authorizes maintenance dredging only within the area shown on amended Exhibits B ~ to an authorized project depth of -10 MLLW plus 2 feet allowable over-dredge depth. No dredging in other areas is authorized.

H. Dredging and Disposal Activity

1. Pre- Dredging and Disposal Report and Notice. At least 45 days before the commencement of any dredging and disposal episode authorized herein, the Coast

Guard shall submit to the Commission's Executive Director:

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

a. a bathymetric map showing the location of all areas proposed al:lthori2:eel to be dredged, the proposed a1,1thoriceEI depth including over-dredge depth based on MLLW, the volume of sediment proposed to be dredged, and the approximate date of project commencement. At least two (2) weeks prior to any dredging episode, the Coast Guard shall notify the Commission staff of the commencement date by telephone, or in writing (email is sufficient). If the date of commencement changes, an updated schedule shall be provided as soon as it is available.

b. a written statement to the Executive Director that contains: (1) the proposed disposal site and quantity of sediment to be disposed, and dates within which the disposal episode is proposed; (2) if applicable, a discussion as to how the volume proposed for disposal is consistent with in-Bay disposal allocations and disposal site limits; (3) the results of chemical and biological testing of sediment proposed for disposal; and (4) an alternatives analysis or integrated alternatives analysis to explain why ocean disposal, upland disposal or beneficial reuse of dredged sediment is infeasible. Having an approved alternatives analysis on file a the Commission's office satisfies Special Condition 11-D(1)(b)(4). The approved integrated alternatives analysis shall be updated a minimum of every five~ years, or more frequently if additional disposal options become available (Amendment No. Seven).

2. Authorization of Disposal. The authorization for t-h-e proposed in-Bay disposal or placement at a beneficial reuse site shall become effective only if the Commission staff: (1) informs the Coast Guard in writing or via email that the episode is consistent with the authorization provided herein, alternative disposal and beneficial reuse options are infeasible, the volume proposed for disposal is consistent with both in-Bay disposal allocations, if applicable, and the disposal site limits, and the sediment material is suitable for in-Bay disposal; or {2) does not respond to the Coast Guard's pre-disposal report within 30 days of its receipt. If the Commission staff determines that: (a) ocean disposal, upland disposal, or beneficial reuse of the sedimentmaterial is feasible; (b) the sedimentmaterial proposed for disposal is unsuitable for the Bay; or (c) the proposed disposal is inconsistent with in Bay allocations and disposal site limits, the Commission's authorization for in-Bay disposal shall be terminated. The US Coast Guard is bound by all the language contained in the episode approval letters (Amendment No. Seven).

DETERMINATION NO. CZ007.00S.07

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

3. Post-Dredging Requirements

a. Within 30 days of completion of each dredging episode authorized by this agreement, the Coast Guard shall submit to the Commission a bathymetric map showing the actual area(s) and depths dredged including over-dredge depth based on MLLW, any dredging that occurred outside the area or below the depths authorized herein, and a written statement indicating the total volume of sedimentmaterial dredged and disposed and the disposal location.

b. If a dredging episode stops for longer than six consecutive months, the Coast Guard must submit, before the dredging episode has resumed, notification to the Commission that dredging will begin again. If a dredging episode is suspended for more than six months, the Commission may require: (1) new sediment characterization; (2) a re-survey of the dredge area; and/or (3) a revised alternative disposal option analysis.

c. If the dredging episode continues longer than one year, whether dredging is continual throughout the year or is fragmented within the episode, the Coast Guard must provide the Commission with the following dredging report:

(1) the actual areas and the depth dredged based on MLLW, and any dredging that occurred outside the area dredged; (2) the actual volume of the sedimentmaterial dredged; and (3) the volume and location of the sedimentmaterial disposed. The dredging report must be submitted no later than one year after the commencement of the episode, and must be submitted every six months thereafter throughout the life of the agreement or until the episode is complete. The Commission may require additional sediment characterization, bathymetric surveys, and/or alternative disposal analyses at the commencement of the next episode. Within 30 days of the completion of the episode, the Coast Guard must submit a dredging report as described in Special Condition 3(a).

I. Seasonal Limitations for Dredging. Except as provided below, all dredging and disposal activities shall be confined to the work window, between August pt and November 3Qth

Octeeer 15~ of any year, to minimize disturbance to the followfng endangered and special status species:

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DETERMINATION NO. CZ007.00S.07

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

Species of Concern Work Window Period Consulting Agency

Steelhead Trout August 1st - November 30th NOAA OetoheF ;i,5m

Delta Smelt August 1st - January 31st FWS

CDFW-California Department of Fish and Wildlife; NOAA-NOAA Fisheries; FWS-U.S. Fish and Wildlife Service

This work window between August pt and November 30th OctoheF ;i,5tt1 is established by Tables F-1 and F-2 of Appendix F, "In-Bay Disposal and Dredging", and Figures 3.2 and 3.3 of the Long-Term Management Strategy (LTMS) Management Plan (2001) as amended by the U.S. Fish and Wildlife Service (FWS) on May 28, 2004. and as amended by NOAA NMFS in July 2015. No work inconsistent with the time and location limits contained in these tablesfigures may be conducted without the approval of the Executive Director, provided that such approval may only be issued after (1) consultation between the US Coast Guard and the LTMS agencies has occurred for work between November 30th and January 31st and the U.S. Army Corps of Engineers (USACE) and the FWS for work proposed between January 31st and August l51 ana/or NOAA has occuFrnd; and (2) the Executive Director has determined that dredging and disposal outside of the work window is consistent with the Commission's laws and policies (Amendment No. Seven).

J. Barge Overflow Sampling and Testing. Results of any effluent water quality or other testing required by the California Regional Water Quality Control Board, San Francisco Bay Region shall be submitted in writing to Commission staff at the same time such testing is submitted to the Regional Board.

K. Monitoring and Enforcement of Dredging Work. The Coast Guard shall allow the Commission staff or representatives of other state or federal agencies to come aboard the dredge or barge associated with any dredging or disposal episode subject to reasonable safety and operational considerations and observe the operation(s) to ensure that these activities are consistent with pre-dredging reports required herein and other terms and conditions of this agreement. Further, the Commission reserves the right to have post-dredging reports inspected by a reliable third-party familiar with bathymetric mapping in order to verify the contents of these reports. If a third party selected by or on behalf of the Commission indicates that a post dredging report is inaccurate, the Commission reserves the right to require the Coast Guard to submit a revised report that meets the conditions of this agreement. If the Commission determines that the post-dredging report indicates that work has occurred beyond that authorized by this agreement such violation may result in the initiation of enforcement action by or on behalf of the Commission.

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AMENDMENT NO. SEVEN

L. Long-Term Management Strategy Program. If, at any time during the effective life of this agreement, the Commission's laws, Bay Plan policies, or regulations are changed and are in effect regarding dredging, dredged sediment disposal, and beneficial reuse consistent with the multi-agency Long-Term Management Strategy Program (LTMS), this agreement shall become null and void unless the Coast Guard agrees to amend this authorization to meet the new laws, policies, or regulations in a manner specified by or on behalf of the Commission.

M. In-Kind Repairs and Maintenance. Any in-kind repairs and maintenance of the improvements authorized under Amendment Nos. One and Two shall only use construction material that is approved for use in San Francisco Bay. Construction shall only occur during current approved months of the year to avoid potential impacts to fish and wildlife. BCDC staff should be contacted to confirm current restrictions (Amendment Nos. One and Two).

N. Abandonment. If, at any time, the Commission determines that the improvements in the Bay authorized herein have been abandoned for a period of two years or more, or have deteriorated to the point that public health, safety or welfare is adversely affected, the Commission may require that the improvements be removed by the Coast Guard, its assignees or successors in interest, or by the owner of the improvements, with in 60 days or such other reasonable time as the Commission may direct {Amendment No. One).

Ill. Findings and Declarations

A. Authorized Project

1. Original Authorization. On October 19, 2007, the Coast Guard submitted a description of the original project for maintenance dredging and requested that the Commission concur with the Coast Guard's determination that the original project was consistent with the Commission's Coastal Zone Management Program for San Francisco Bay. The Coast Guard's original project consisted of maintenance dredging of approximately 24,000 cubic yards (cy) of material from the Coast Guard Station Vallejo to a depth of-10 feet MLLW, plus 2 feet of over dredge depth allowance over ten years at Vallejo Marina, in the City of Vallejo, Solano County, and disposing of the material at the state and federally-designated Carquinez Strait (SF-9) disposal site (Exhibit D), SF-DODS or an authorized upland facility.

For this project, the Commission found the Coast Guard's project to be consistent with the Bay Plan policies regarding dredging, water quality, and fish and wildlife because: (a) the dredging activities would serve a water-oriented use allowing the Coast Guard to safely moor their ships; (b) the dredging and disposal activities would meet the San Francisco Regional Water Quality Control Board and State Water Quality Control Board requirements because the sediment proposed for dredging

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has been adequately characterized and found suitable for unconfined aquatic disposal by the Dredged sediment Management Office (DMMO) and the disposal of the dredged sediment at a state and federally designated disposal site would promote beneficial uses of the Bay; (c) the dredging activities would minimize potential adverse impacts to fish and wildlife resources as much as possible by dredging and disposing of dredged sediment during the work windows prescribed for this area in the LTMS Management Plan to minimize fish and wildlife impacts;

and (d) the DMMO would manage the amounts and timing of in-Bay disposal so as to prevent navigation hazards, adverse impacts to the Bay currents and natural resources, or foreclosing of existing Bay disposal sites for projects critical to the regional economy.

Based on the information contained in the Coast Guard's submittal, and for the reasons outlined above, the original project was found to be consistent with the Commission's Coastal Zone Management Program for San Francisco Bay and with the provisions of the McAteer-Petris Act and the policies of the San Francisco Bay Plan and is described in the Commission's regulations as a minor repair and or improvement that the Commission may authorize administratively in that: (1) the project involved maintenance dredging of 200,000 cy or less of material over ten years, as defined in Regulation Section 10602(a) and (2) the project involved disposal of dredged sediment at the state and federally designated Carquinez Strait (SF-9) disposal site described in Commission Regulation Section 10713.S(c), and would not exceed the monthly or annual volumes limits for that site, as defined in Regulation Section 10602(e)(2)(C) and 10713.S(c).

2. Amendment No. One. Amendment No. One authorized the removal offive derelict floats (550 square feet total) and seven creosote-treated piles and the installation of a new 1,075-square-foot gangway supported by three H-piles and a 45-square-foot platform supported by one H-pile. The docks were derelict and had deteriorated past the point of repair and the piles supporting them were also deteriorating and posed potential water quality hazards as the piles had been previously treated with creosote. Removal of these pilings was expected to help protect water quality at the site. The project also involved the installation of a new gangway and platform. The gangway and platform were needed to ensure that safe dedicated emergency access to Coast Guard emergency vessels would be available at the site. Before the dock rebuild, the Coast Guard traversed over the derelict floats to access its vessels. This was unsafe due to the condition of the floats, especially during the transport of injured individuals. The gangway that existed near the Coast Guard vessels is owned by the City of Vallejo and provides access to the overall Vallejo Marina. This gangway https://CZ007.005.07

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AMENDMENT NO. SEVEN

could not be closed during emergencies nor could it be managed and controlled by the Coast Guard for its purposes. In total the net amount of fill that was placed with the project was 570 square feet of pile-supported, grated (open to the air and sunlight) fill. Thus, the project was found to be similar in nature and effect on the Bay and its resources, consistent with Regulation Section 10601(e)(3), as the construction of a new single boat dock no larger than 1,000 square feet, as defined by Regulation Section 10601(a)(l) and is considered a "minor repair or improvement" for which the Executive Director may issue an amendment to a permit consistent with Regulation Section 10810 and Government Code Section 66632{f).

3. Amendment No. Two. The project authorized by Amendment No. Two involves relocating and installing piles, removing a portion of a pile-supported walkway, and constructing a new floating boat dock in the Bay, and thus involves the construction of a new single boat dock no larger than 1,000 square feet, as defined by Regulation Section 10601(a)(l), and thus, is considered a "minor repair or improvement" for which the Executive Director may issue an amendment to a consistency determination consistent with Regulation Section 10810 and Government Code Section 66632(f). Special Condition 11-8 has been modified to ensure that work is performed in a manner consistent with the McAteer-Petris Act and the Bay Plan, specifically the special conditions stating that construction timing, conservation measures, and best management practices will be employed to minimize potential adverse impacts to special status species, and to Bay water quality. Such conditions assure that the project is consistent with the Bay Plan policies on Fish, Other Aquatic Organisms, and Wildlife, which state that tidal marshes, ti0dal flats, and subtidal habitat should be conserved so that special status species are protected, and the Bay Plan policies on Water Quality, which state that Bay water quality should be protected to the greatest extent feasible and that Bay water quality should be maintained at a level that support beneficial Bay uses.

4. Amendment No. Three. Amendment No. Three authorizes 6,000 cy of additional maintenance dredging and disposal v_olume and 6,750 SQ feet of additional dredging area (Exhibit Band C) to allow for larger vessels to be berthed at the Vallejo Station Marina berths. In 2008, 9,591 cy of maintenance dredging was conducted at Station Vallejo, leaving 14,409 cy of remaining volume. The additional volume authorized by Amendment Three allows for 20,409 cy of maintenance dredging to be completed prior to August 22, 2018. This maintenance dredging project as described in the

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

Coast Guard's April 141 2013 dredging and disposal application remains consistent with the San Francisco Bay Plan policies and Commission Regulations as previously explained in (1) Original Authorization.

5. Amendment No. Four. Amendment No. Four authorizes expansion and improvements to the Coast Guard's floating Jetdocks, moored at Station Vallejo in the City of Vallejo Marina. The Jetdocks provide berths for the station's small response boats. The Jetdocks need to be lengthened to accommodate longer replacement boats (Response Boats-Small II). The Jetdocks will be unfastened from their concrete float and placed on a barge, where worn parts will be replaced in-kind and elements will be recalibrated to allow for the addition of new sections. After maintenance dredging authorized by Amendment No. Three occurs at the Jetdocks' anchorage, they will be returned to the water, floated back to their original position, and reattached. This initial sequence of events may commence prior to this amended agreement being authorized because: (1) the removal of floating docks for dredging operations is standard practice; (2) the in-kind repairs will occur on a barge (i.e., outside the Commission's jurisdiction) and will not increase the size of the Jetdocks; and (3) the previously approved dredging operations will not be delayed by this authorization to expand the docks. Once returned to the water, pre manufactured components will be added to the existing Jetdocks, expanding their footprint by approximately 400 square feet. The project authorized under Amendment No. Four, therefore, involves less than a 20,000-square-foot expansion of boat docking facilities within an existing marina, as defined by Regulation Section 10601(a)(l), and is thus equivalent to a "minor repair or improvement" for which the Executive Director may issue an amendment to a consistency determination consistent with Regulation Section 10810 and Government Code Section 66632(f).

6. Amendment No. Five. Amendment No. Five involves the replacement, use and on going of on-land facilities to serve Coast Guard operations at a facility located in the City of Vallejo. The project involves demolition of existing buildings and the development of a two-story administrative, housing, and maintenance building, and implementation of stormwater, landscaping, and parking improvements. The project would replace interim, prefabricated structures with a permanent facility. Due to federal requirements to keep such facilities secure, the facility does not include physical public access. However, the replacement facility will be constructed in a manner so as to improve visual access through the site and protect existing access adjacent to the site.

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

The buildings described in Section I.A.6 ofthis consistency determination will be oriented at the site in a manner that opens public views of the Bay from Mare Island Causeway, which are currently obstructed. Further, the fencing will be fabricated of a material that allows for public views of the shoreline and will be installed seven feet to the east from a public access path at the Vallejo Marina authorized in Commission Permit No. M1971.050.00 to ensure that the facility does not interfere with the public access. In addition, the building will not encroach on the existing public access and is located approximately 17 feet from the pathway. Special Condition 11.A.3 is included to ensure the project is constructed in accordance with the terms of this amended agreement. Special Condition 11.B.5 requires that the project is constructed as to not interfere with the existing public pathway near the site.

As conditioned, the project is consistent with the Commission's certified Coastal Zone Management Program. The project, which is the subject of Amendment No. Five of this consistency determination, constitutes the placement of small amounts of inert inorganic fill or the extraction of small amounts of materials that does not have a significant adverse effect on present or future maximum feasible public access to the Bay or on the environment, as defined by California Code of Regulation Section 10601(b)(1), and also involves the routine repair, reconstruction, replacement, removal, and maintenance that does not involve any substantial enlargement or any substantial change in use, as defined by Regulation Section 10601(b)(S), and thus.is equivalent to a "minor repair or improvement" for which the Executive Director may issue an amendment to a consistency determination consistent with Regulation Section 10810 and Government Code Section 66632(f).

7. Amendment No. Six. Am<endment No. Six involved a t ime extension to the dredging and disposal of dredged sediment authorized in the original concurrence and Amendment No. Three. The US Coast Guard had not dredged the previously authorized volume of dredging, and therefore, the Executive Director concurred with the time extension request as an extension of time for a "minor repair or improvement" for which the Executive Director may issue an amendment to a permit consistent with Regulation Section 10810 and Government Code Section 66632{f) (Amendment No. Seven}.

~ Amendment No. Seven. In August 2020, the US Coast Guard requested a consistency determination request to increase the previous authorized volume of dredged sediment t o include an additional 60,000 cy and extend the current Letter of Agreement for the dredging and disposal of dredged sediment for ten more years.

DocuSign Envelope ID: D34C3F42-4921-403B-835F-95087DCFAF8F https://M1971.050.00

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

As part of this submittal the US Coast described the project as including maintenance dredging of the Station Va llejo berthing area to a depth of -10 feet MLLW. plus 2 feet of over dredge depth allowance within the Valleio Municipal Marina, and the entrance channel and fairway leading to the berthing area, a tota l of 59,560 square feet. The US Coast Guard proposes to dispose of the dredged sediment at the state and federally-designated Carquinez Strait (SF-9) disposal site SF-DODS, or beneficially reuse the dredged sediment at an approved site. consistent with its Integrated Alternatives Analysis.

For this amended authorization the Commission concurs with the Coast Guard's consistency determination that it is consistent with the Bay Plan policies regarding dredging, water quality. and fish and wildlife because: (a) the dredging activities would serve a water-oriented use allowing the Coast Guard to safely moor their ships; (bl the dredging and disposal activities meets the Water Board's requirements because the sediment proposed for dredging has been adequately characterized and t he Water Board has issued a water quality certificate for this work; (c) the Dredged sediment Management Office (DMMO) has determined the sediment proposed to be dredged for the first episode under this authorization is suitable for the proposed placement and disposal sites and the US Coast Guard would either request exclusions from testing or test the sediment prior to additional dredging episodes;

(d) the dredging activities would minimize potential adverse impacts to fish and wildlife resources as much as possible by dredging and disposing of dredged sediment during the work windows prescribed for this area in the LTMS Management Plan to minimize fish and w ildlife impacts and required herein; (e) the DMMO would manage the amounts and timing of in-Bay disposal so as to prevent navigation hazards, adverse impacts to the Bay currents and natural resources, or foreclosing of existing Bay disposal sites for projects critical to the regional economy;

and (f) the US Coast Guard has an approved integrated alternatives analysis which satisfies the LTMS goals and Bay Plan Dredging policies 1 and 5.

Based on the information contained in the August 2020 US Coast Guard submittal, and for the reasons outlined above, the project described in the request for Amendment No. Seven to BCDC Letter of Agreement C2007.005.00 is consistent with the Commission's Coastal Zone Management Program for San Francisco Bay and the provisions of the McAteer-Petris Act and the policies of the San Francisco Bay Plan and is described in the Commission's regulations as a minor repair and or improvement that the Commission may authorize administratively in that: (ll the project involved maintenance dredging of 200,000 cy or less of material over ten years, as defined in Regulat ion Section 10602(a) and (2l the project involved disposal https://C2007.005.00

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

of dredged sediment at the state and federally designated Carquinez Strait (SF-9) disposal site described in Commission Regulation Section 10713.S(c}, or placement at an approved beneficial reuse site. and therefore would not exceed the monthly or annual volumes limits for the in bay disposal sites. as defined in Regulation Section 10602{e)(2)(C) and 10713.S(c).

B. Environmental Review. The original project and the dredging authorized by Amendment No~. Three and Seven are categorically exempt from California Environmental Protection Act (CEQA) requirements because they involve maintenance dredging (CEQA Section 15304(g)). The Regional Water Quality Control Board's environmental review concluded that there will be no significant adverse environmental impacts from this project. The State Water Resources Control Board issued a water quality certification, dated April 19, 2012, that determined the project authorized by Amendment No. Two is categorically exempt from the need to prepare an environmental document under CEQA. The Coast Guard has determined that the work authorized by Amendment No. Four is categorically excluded from National Environmental Policy Act (NEPA) requirements under U.S. Coast Guard Commandant

Instruction M16475.1D. Further, a water quality certification from the Regional Water Quality Control Board is not required because activities authorized by Amendment No. Four will result in no release to the water.

The consistency determination, which is the subject of Amendment No. Five of this amended agreement, will be used by the Coast Guard to determine that the project authorized herein is categorically excluded from NEPA. In issuing Amendment No. Seven to this Letter of Agreement. the Commission staff notes that the US Coast Guard determined in 2020 that dredging at Station Valleio is covered under NEPA by use of Categorical Exclusion (CE): "L23- Maintenance dredging and the disposal where no new depths are required, applicable permits are secured, and disposal will be at an existing approved disposal site."

C. Consistency with the Coastal Zone Management Act. The Commission, pursuant to the Coastal Zone Management Act of 1972, as (16 USC Section 1451), and the implementing Federal Regulations in 15 CFR Part 930, is required to review federal projects within San Francisco Bay and agree or disagree with the federal agency's determination that the project, as modified herein, is consistent with the Commission's Coastal Zone Management Program for San Francisco Bay. This amended letter constitutes such review and comment.

D. Listing with the Commission. Pursuant to Regulation Section 10620, the original project was listed with the Commission on August 21, 2008.

DocuSign Envelope ID: D34C3F42-4921-403B-835F-95087DCFAF8F https://M16475.1D

U.S. Coast Guard (Issued Originally on August 22, 2008, and Amended Through July 1, 2021)

AMENDMENT NO. SEVEN

Executed in San Francisco, California, on behalf of the San Francisco Bay Conservation and Development Commission on the date first above written.

ecu · e Director San Fran is Bay Conservation and

Development Commission LG/BG/gg

Receipt acknowledged, contents understood and agreed to:

Executed at.____ _______ U.S. Coast Guard, Facilities Design and Construction Center

On ______________ By:

Print Name

Title cc: U.S. Army Corps of Engineers, Attn: <Jessica.M.Vargas@usace.army.mil> U.S. Environmental Protection Agency, Attn: <Siu.Jennifer@epa.gov> San Francisco Bay Regional Water Quality Control Board, Attn:

<Selina.Louie@waterboards.ca .gov> State Lands Commission, Attn: <dobri.tutov@slc.ca.gov> California Department of Fish and Wildlife, Attn: <arn.aarreberg@wildlife.ca.gov> NOAA Fisheries, Attn: <gary.stern@noaa.gov> City of Vallejo Planning Department Solano County Planning Department

DocuSign Envelope ID: D34C3F42-4921-403B-835F-95087DCFAF8F

William Robinson

USCG CEU Oakland, 1301 Clay St Ste 700N, Oakland, CA 94612

William Robinson

7/1/2021 | 4:18:00 PM PDT

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DocuSign Envelope ID: D34C3F42-4921-403B-835F-95087DCFAF8F https://C2007.005.07