Amendment 3B_R2_401_USCGVallejo_792396.pdf

San Francisco Bay Regional Water Quality Control Board

CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION

AND ORDER

U.S. Coast Guard Station Vallejo Maintenance Dredging Vallejo, Solano County

Sent via electronic mail: No hard copy to follow

Effective Date: May 4, 2021 Place ID: 792396

WDID #: 2 CW439590

Corps File No: 2008-00049

Applicant: United States Coast Guard Environmental Management Branch Attn: William Robinson, Acting Chief 1301 Clay Street, Suite 700N Oakland, CA 94612-5203 Email: William.A.Robinson@uscg.mil

Applicant’s Agent: United States Coast Guard Attn: Gilda Barboza, Environmental Protection Specialist 1301 Clay Street, Suite 700N Oakland, CA 94612-5203 Email: Ana.G.Barboza@uscg.mil

Water Board Staff: Selina Louie 1515 Clay Street, Suite 1400 Oakland, CA 94612 Phone: (510) 622-2383 Email: Selina.Louie@waterboards.ca.gov mailto:William.A.Robinson@uscg.mil mailto:Ana.G.Barboza@uscg.mil

Water Quality Certification and Order CIWQS Place ID 792396 U.S. Coast Guard Station Vallejo Maintenance Dredging WDID# CW439590

Table of Contents

CERTIFICATION AND ORDER COVERAGE FOR SINGLE DREDGING EPISODE 3

A. Project Description 3

B. Reuse of Dredged Material 4

C. Testing Results 4

D. California Environmental Quality Act 4

E. General Waste Discharge Requirements 4

F. Specific Certification Conditions 5 General Conditions 5 Reporting and Monitoring 5 Administrative and General Compliance 6 Standard Conditions 7 Fees 7

ATTACHMENT 1. LOCATION MAP 9

ATTACHMENT 2. DREDGE FOOTPRINT 10

Certification and Order Coverage for Single Dredging Episode This Clean Water Act (CWA) section 401 Water Quality Certification (Certification) and Order (Order) is issued to United States Coast Guard (Permittee) for the U.S. Coast Guard Station Vallejo Maintenance Dredging (Project).

The Permittee applied to the San Francisco Bay Regional Water Quality Control Board for a Certification verifying that the single dredging episode described below (Project) will not violate State water quality standards. We received the application for Certification (Application) on August 6, 2020. On September 4, 2020, we issued a notice of incomplete application and requested the following additional information:

1. A sampling and analysis plan (SAP), submitted via the Dredged Material Management Office (DMMO), for review and approval that details the proposed sampling, testing, and analysis of the Project’s dredge material and the potential impact of the dredge material discharge on the aquatic environment;

2. A sampling and analysis report (SAR), submitted through the DMMO, for review and a suitability determination, that details the results of implementing the Project’s approved SAP; and

3. An Integrated Alternative Analysis (IAA), for review and approval, that evaluates disposal options for dredged materials removed from the Project.

The SAP was approved on September 9, 2020; the SAR was approved on February 10, 2021;

and the IAA was approved on February 26, 2021.

The Permittee has also applied to the U.S. Army Corps of Engineers (USACE) for an individual permit (USACE File No. 2008-00049) authorizing multiple episodes over a 10-year period pursuant to CWA section 404 (33 USC 1344) and section 10 of the Rivers and Harbors Act of

1899 (33 USC 403).

A. Project Description The Project is located within the Vallejo Municipal Marina, on the eastern side of the Napa River/The Mare Island Strait, adjacent to the Mare Island/Ernest D. Wichels Memorial Causeway, approximately 3 miles upstream from the mouth of the Napa River at Carquinez Strait (Attachment 1). The approximately 60,000 square foot dredging footprint of the Project is at latitude 38.110641 degrees, longitude -122.271883 degrees (Attachment 2). The Project involves mechanically dredging, via clamshell/excavator dredge approximately 16,000 cubic yards (cy) of sediment. The finished project depth is -10 feet Mean Lower Low Water (MLLW), plus an additional 2-foot overdredge allowance. Pursuant to the Permittee’s commitment in its 2021-2025 IAA to place at least 80 percent of the material dredged during this 5-year period at wetlands or upland beneficial reuse sites, the dredged material will be beneficially reused at the Cullinan Ranch Restoration Project (Cullinan Ranch) to create suitable tidal marsh habitat for the endangered salt marsh harvest mouse and other tidal marsh-dependent species. Dredged material placement and management at Cullinan Ranch is regulated under Waste Discharge

Requirements Order No. R2-2010-0108. All dredged sediment and any water entrained during dredging will be completely contained within the placement cell.

B. Reuse of Dredged Material In a letter dated February 26, 2021, the Long-Term Management Strategy for the Placement of Dredged Material in the San Francisco Bay Region (LTMS) Program Managers approved a revised 5-year (2021-2025) IAA of disposal options for dredged materials removed from the Project. The IAA was submitted in accordance with CWA section 404(b)(1). The Permittee is committed to beneficially reusing 80 percent of the dredged materials during the 5-year period.

Taking 80 percent of the dredged materials to an alternative placement location is consistent with the Long-Term Management Strategy’s program goals after 2012, which direct most material (at least 80 percent) away from the in-Bay unconfined aquatic disposal sites and toward beneficial reuse as much as possible, with upland or ocean disposal as alternatives for material that cannot be beneficially reused.

C. Testing Results In conjunction with the Dredged Material Management Office (DMMO), we have reviewed a report characterizing the suitability of sediments for aquatic disposal in San Francisco Bay and beneficial reuse at Cullinan Ranch: Sediment Sampling and Analysis Report for Maintenance Dredging at United States Coast Guard Station Vallejo California, dated January 2021. Based on this report, we have determined that disposal of the dredged sediments at Carquinez Strait Disposal Site or Cullinan Ranch is appropriate.

D. California Environmental Quality Act The Project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations (CCR), section 15304(g), minor alterations to land—maintenance dredging.

E. General Waste Discharge Requirements I, Michael Montgomery, Executive Officer, do hereby certify that any discharge from the Project will comply with the applicable provisions of sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law.

This discharge of dredged or fill material is also considered to be a discharge of waste to waters within the jurisdiction of the Water Board. Pursuant to Article 4 of Chapter 4, Division 7 of the California Water Code (Wat. Code §13260 et seq.), the Water Board must issue waste discharge requirements for these discharges. Therefore, this Certification also enrolls the above referenced Project under the State Water Resources Control Board’s Order No.

2003-0017-DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification" (General Order). The only substantive requirement of the General Order is to comply with the limitations and monitoring requirements contained in this Certification. Fees paid to satisfy California Code of Regulations, title 23, section 3833(b) (fees associated with this Certification) shall also be deemed to satisfy fees required by the General Order.

F. Specific Certification Conditions The Water Board independently reviewed the Project record to analyze impacts to water quality and the environment and designated beneficial uses within the Project’s watershed. CWA section 401 directs the agency responsible for certification to prescribe effluent limitations and other limitation necessary to ensure compliance with the CWA and with any other appropriate requirement of State law. Section 401 further provides that State certification conditions shall become conditions of any federal license or permit for the Project. The conditions of this Order must be met to ensure that the Project will comply with water quality standards, any applicable effluent limitations, standard of performance, prohibition, effluent standard, or pretreatment standard requirement pursuant to the CWA sections listed above and to ensure that the Project will comply with any other appropriate requirements.

General Conditions

1. Maintenance dredging shall be implemented in conformance with the Project description provided in Section A above and all documents submitted with the Application. Any changes to the Project description in Section A above or information provided in the Application must be submitted to the Water Board and receive Executive Officer approval before the changes may be implemented (California Water Code (CWC) Section 13264).

2. No overflow or decant water shall be discharged from any barge at any time (Basin Plan Sections 3.3.12, 3.3.19, and 4.19).

3. During transportation from the dredging site to the placement site, no dredged material shall be permitted to overflow, leak, or spill from barges, bins or dump scows (Basin Plan Sections 3.3.12, 3.3.19, and 4.19).

4. This Certification expires on February 28, 2023.

Reporting and Monitoring Conditions 4 and 5 are required pursuant to CWC Section 13267; 33 CFR 332.4(a)(C)(4); 33 CFR 332.6(a)(1).

5. Monitoring Program: The Permittee shall provide a technical report that documents monitoring efforts designed to evaluate the water quality impacts of the dredged material discharge on waters of the State, pursuant to California Water Code (Water Code) section 13267. Please be aware that this Condition is an order for a technical report. The Water Board requires dischargers of waste materials to the Bay, including those who dispose of dredged material, to monitor the impacts of their discharges under Water Code section 13267. This monitoring provides necessary information about ambient Bay water quality and potential long-term impacts of dredged material disposal. In lieu of submitting a site specific report, the Permittee may elect to participate in the San

Francisco Estuary Regional Monitoring Program for Trace Substances (RMP) to fulfill this requirement. The RMP is a coordinated and comprehensive long-term monitoring program with the goal of monitoring water and sediment quality to provide the scientific foundation for managing and improving the health of the San Francisco Bay aquatic ecosystem. Additionally, the RMP provides for special and pilot studies of interest to program participants.

Since 1992, many Bay Area dischargers have decided to provide this information through the RMP, rather than through individual monitoring programs. The San Francisco Estuary Institute (SFEI), located in Richmond, administers the program with oversight by the Water Board. Dischargers may contribute money to the RMP, based on the RMP Dredger Fee Schedule Policy and any subsequent amendments, as approved by the RMP Steering Committee. The fees will be based on in-Bay dredge disposal volumes calculated using post-dredge survey results provided to the Water Board by the Permittee for each calendar year ending December 31. The Water Board recognizes payments to the RMP as fulfilling the requirement to provide information on water quality impacts under Water Code section 13267.

6. Post-Dredge Report: The Permittee shall provide an electronic copy of the post-dredge report to Water Board staff by February 14 each year for dredging performed the previous year. The report may be submitted via email (RB2-Dredgereports@Waterboards.ca.gov). The report shall contain the following information:

a. Dredging dates,

b. Post-dredge survey maps of the dredge footprint,

c. Calculated final dredge volume (If a calculated final dredge volume is not provided, the Water Board will use the bin volume to assess the monetary contribution to the RMP in lieu of site specific monitoring.),

d. Placement locations(s) of dredged materials, and

e. Volume of dredged material placed at each placement location.

If the Permittee does not perform the dredging episode described above by December 31, 2021, it shall provide a letter to the Water Board by February 14, 2022, certifying that it did not perform the dredging episode in 2021.

If the Permittee does not provide a Post-Dredge Report or a letter certifying that it did not perform the dredging episode as specified above by February 14, 2022, the Water Board will use the proposed 16,000 cy to assess the monetary contribution to the RMP in lieu of site specific monitoring.

Administrative and General Compliance

7. The Permittee or its representative shall notify Water Board staff immediately by telephone and e-mail whenever an adverse condition occurs due to this activity. An adverse condition includes, but is not limited to, a violation or threatened violation of conditions of this Order, or a release of petroleum products or toxic chemicals to waters of the State. Pursuant to Water Code section 13267, a written notification of adverse mailto:RB2-Dredgereports@Waterboards.ca.gov mailto:RB2Dredgereports@Waterboards.ca.gov condition shall be submitted to the Water Board within 30 days of occurrence. The written notification shall identify the adverse condition, describe the action necessary to remedy the condition, and specify a timetable, subject to the modifications of the Water Board, for remedial actions.

8. In response to a suspected violation of any condition of this Order, the Water Board may require the Permittee to furnish, under penalty of perjury, any technical or monitoring reports the Water Board deems appropriate, provided that the burden, including costs, of the reports shall bear a reasonable relationship to the need for the reports and the benefits to be obtained from the reports (Water Code section 13267).

9. Failure to implement the Project as proposed is a violation of this Order. Any violation of 401 water quality certification conditions is subject to administrative civil liability pursuant to Water Code sections 13268 and 13350. Failure to meet any condition of this Certification may subject CCWD to civil liability imposed by the Water Board to a maximum of $5,000 per violation day for violations of Water Code.section 13267 technical report requirements and $5,000 per violation day or $10 for each gallon of waste discharged in violation of this Certification.

10. Should new information come to our attention that indicates a water quality problem with this Project, the Water Board may issue Waste Discharge Requirements pursuant to 23 CCR), section 3857.

Standard Conditions

11. This Certification is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the Water Code and 23 CCR section 3867.

12. This Certification is not intended and shall not be construed to apply to 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 23 CCR subsection 3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

Fees

13. The application fee for the Project is $0 and additional annual fees are not required because the Permittee is a federal agency (23CCR Section 2200).

In addition to the information noted above, Conditions 1 through 10 are individually required to ensure compliance with narrative water quality objectives in the Basin Plan, the state anti-degradation policy (State Water Board Resolution No. 68-16), the California Wetlands Conservation Policy (Executive Order W-59-93, Basin Plan Chs. 4 and 5), and Regional Water Board policies for the protection of wetlands and waters (Basin Plan Ch. 4, including Ch. 4.23).

The Conditions above are individually authorized as noted above and by 23 CCR Sections 3838 and 3859 and CWC Div. 7, Ch. 4, Article 4, Waste Discharge Requirements.

During the COVID-19 pandemic, the quickest way to communicate with us is by email. If you have any questions concerning this Water Quality Certification, please email (Selina.Louie@waterboards.ca.gov) Selina Louie, of my staff.

I, Michael Montgomery, do hereby ordered that the Permittee comply with the above Conditions of this Order.

Michael Montgomery Executive Officer

Attachments:

Attachment 1. Location Map Attachment 2. Dredge Footprint mailto:selina.louie@waterboards.ca.gov

Attachment 1. Location Map

Attachment 2. Dredge Footprint