APPENDIX B1-PERMITS_StaMooringBallastPt- Dredging.pdf

DEPARTMENT OF THE ARMY PERMIT

Permittee: United States (U.S.) Coast Guard (USCG); Stalters Dave

Project Name: U.S. Coast Guard Dredging and Disposal project at USCG Mooring

Ballast Pt. (Project) and Naval Base Point Loma (NBPL)

Permit Number: SPL-2018-00207-RRS

Issuing Office: Los Angeles District Regulatory Division

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 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 authorized project, per the attached permit drawings, includes maintenance dredging of an approximate 4-acre dredging area within a previously dredged berthing area at the United States

Coast Guard Mooring Ballast Point facility (MBP), Naval Base Point Loma (NBPL) using three dredged material disposal sites including the Navy-owned Smugglers Cove beach site, the Navy-owned Silver Strand Boat Lanes near shore ocean disposal area, and the LA-5 Ocean Dredged

Material Disposal Site (ODMDS) as follows:

1. The dredging at MBP is authorized to a design depth of -30 ft. Mean Lower Low Water datum

(MLLW) plus an additional -2 feet MLLW of allowed over dredge depth at the MBP per Figure

2. The initial dredging will include removal of up to 30,000 cubic yards of sediment annually that has shoaled in the existing berthing area that will be disposed of at Smugglers Cove, and subsequent maintenance dredging and disposal shall occur as needed over a 10-year period.

Subsequent dredging shall be limited to 30,000 cubic yards (cy) per annual dredging event with a total 10 year limit of 200,000 cy for the life of the Corps ten year permit. Dredging shall use either a barge-mounted clamshell, a backhoe dredge, a hydraulic dredge, hopper dredges or scow barges for ocean disposal, or other approved Corps dredging methods dependent on the suitability of the three disposal locations per the Inland Testing Manual (ITM) or Ocean Testing

Manual (OTM) as appropriate.

2. All dredged material disposal shall be done at one of the following three disposal sites per the attached figures, which includes: 1) the Navy-owned Smugglers Cove site at NBPL, 2) the Navy-owned Silver Strand Boat Lanes in the near shore of the Pacific Ocean, and 3) the LA-5 ODMDS disposal sites. Selection of the disposal sites shall be based on a Corps and EPA suitability determination per the Inland Testing Manual (ITM) for the Smugglers Cove and Silver Strand

Boat Lanes sites and per the Ocean Testing Manual (OTM) for the LA-5 ODMDS. The first episode of dredge sediment disposal of up to 30,000 cy has been deemed suitable by the Corps and EPA for beneficial reuse to support a Navy restoration project (Phase 1 of the U.S. Navy’s

Fish, Eelgrass, Intertidal Habitat and Reef Project at Smuggler’s Cove in NBPL).

All work shall be accomplished under the following applicable statutes as follows:

[x] To discharge fill into waters of the United States pursuant to Section 404 of the Clean Water

Act of 1972, [x] To transport dredged or fill material by vessel or other vehicle for the purpose of dumping the material into ocean waters pursuant to Section 103 of the Marine Protection, Research and

Sanctuaries Act of 1972, [x] To construct structures and/or conduct work in or affecting "navigable waters of the United

States" pursuant to Section 10 of the Rivers and Harbors Act of 1899, Specifically, you are authorized to perform all dredging and dredged material disposal work in association with the United States Coast Guard Dredging and Disposal project at USCG

Mooring Ballast Pt. All work shall be done as shown on the attached figures and drawings and the

Corps approved dredging plan and comply with the following additional dredging and disposal measures.

1. DREDGING LOCATION(S):

Dredging operations authorized in this permit shall be limited to the maintenance dredging areas defined in attached Figure 1 (2018 Froth LLC drawing of Existing Conditions with Dredge Design) and Figure 2 (USCG drawing showing dredging typical cross section A-A’). No more than 30,000 cubic yards of dredged material are authorized annually every year of the permit for dredging with a total ten year maximum dredging limit of 200,000 cy. No dredging or dredging operations are authorized in any other location under this permit.

2. DREDGING DEPTH:

For this permit, the maximum dredging design depth (also known as the project depth or grade) shall be -30 feet below the mean lower low water (MLLW) datum with a maximum allowable over-dredge depth of 2 ft. No dredging shall occur deeper than 32 feet below MLLW.

3. BEACH NOURISHMENT LOCATION(S):

Beach nourishment placement authorized in this permit shall be limited to: 1) the Navy-owned

Smugglers Cove site (shown in attached drawings CN101, CN102, and CN103) for the initial and subsequent dredging, and 2) the Navy-owned Silver Strand Boat Lanes (shown in Figure 3).

No more than 30,000 cubic yards of sand material are authorized for annual beach nourishment from the MBP dredging site. The initial dredging will include removal of up to 30,000 cubic yards of sediment annually that has shoaled in the existing berthing area that will be disposed of at the Smugglers Cove site, and subsequent maintenance dredging and disposal shall occur as needed over a ten year period. Subsequent dredging shall be limited to 30,000 cubic yards (cy) per annual dredging event with a total ten year limit of 200,000 cy for the life of the ten year permit unless otherwise approved by the Corps. No beach nourishment is authorized in any other location under this permit.

4. OCEAN DISPOSAL:

All ocean disposal of MBP dredged material shall occur after the initial dredging is done in 2019 for subsequent dredging events over the life of this 10 year permit and shall be disposed at the LA-5

ODMDS ocean disposal site area defined in Figure 1-3 once the Corps and EPA have approved ocean disposal at the LA-5 ODMDS per the OTM.

Project Location: The Project dredging location is at the USCG Mooring Ballast Point facility at NBPL. The disposal sites are at Smugglers Cove, the near shore disposal areas off of the

Silver Strand north of Ballast Point at Navy Base Point Loma (NBPL), and/or offshore at the

LA-5 Ocean Dredged Material Disposal Site (ODMDS or LA-5). The ocean disposal site is at the LA-5 ODMDS, a 1000-meter radius area located a few miles southwest of the entrance of

San Diego Bay in the Pacific Ocean. Additional location data is as follows:

MBP Dredging Site (shown in Figure 2): 32.68635 N latitude; -117.235417 W longitude

Disposal Site 1 - Smugglers Cove at NBPL (shown in Figure CN102): 32.685730 N latitude;

-117.235417 W longitude

Disposal Site 2 - Near shore area of Pacific Ocean at the Navy-owned Silver Strand Boat Lanes

(shown in Figure 3)]: 32.657150 N latitude; -117.162234

Disposal Site 3 (shown in Figure 1-3): 32.6138 N latitude; -117.3445 W longitude

PERMIT CONDITIONS

General Conditions

1. The time limit for completing the authorized activity ends on February 25, 2029. If you find that you require 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 from this permit from this office, which may require restoration of the area.

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. A conditioned water quality certification waiver has been issued for your project by the Corps.

6. 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 with the terms and conditions of your permit.

Special Conditions:

Dredging Conditions:

1. SEDIMENT TESTING FOR PHASED PROJECTS

The Permittee is prohibited from conducting dredging operations and disposing material in navigable waters of the United States that has not been tested and determined by the Corps

Regulatory Division, in consultation with the U.S. Environmental Protection Agency (EPA), to be suitable for disposal in ocean waters. Sampling and testing of previously tested sediment or previously dredged areas is required after three years from the date of initial sediment sampling and testing unless the Corps deems that conditions warrant another testing duration be formulated with

EPA consultation. This time limit is subject to change at the discretion of the Corps Regulatory

Division if any event causes previously determined suitable material to become potentially unsuitable. The applicant must demonstrate the proposed dredged materials are chemically and physically suitable for disposal in ocean waters according to the provisions of the Inland Testing

Manual (ITM) or Ocean Disposal Manual (ODM) and the Corps Regional Guidance Letter (RGL)

06-02, as appropriate. If the material does not meet the physical and chemical criteria for unconfined disposal in ocean waters, the dredged material shall be disposed at a Corps approved upland disposal location. The applicant shall submit to the Corps Regulatory Division and EPA a draft Sampling and Analysis Plan (SAP). Sampling may not commence until the final SAP is approved, in writing, by the Corps Regulatory Division, in consultation with EPA. Further the SAP

Results (SAPRR) must also be reviewed and approved and the Permittee must receive a written authorization to proceed.

Note that the Corps and EPA reviewed the project dredging SAP in accordance with the ITM procedures and the first final sediment testing report, titled: Final Tier II Sampling and Analysis

Report, Sediment Characterization Study for Maintenance Dredging at Coast Guard Mooring

Ballast Point, Point Loma, California, October 2018 and approved the SAP per the ITM via email on November 20, 2018. After the first ITM approval of the SAP the Permittee submitted a second SAP in accordance with the OTM for ocean disposal at the LA-5 ODMDS. Per the

SAPRR prepared by Wood for the Final Tier III Sampling and Analysis Plan Report and dated

December 2018 the Corps concurred with EPA's approval of the suitability of the dredged material per the OTM/ITM as the material meets OTM and ITM criteria for suitable material to be dredged and disposed of at the three disposal sites.

2. OPERATIONS PLAN

At least 15 calendar days before initiation of any dredging operations authorized by this permit, the

Permittee shall submit a dredging and disposal Operations Plan to the Corps Regulatory Division and EPA, with the following information:

A) A list of the names, addresses and telephone numbers of the Permittee's project manager, the contractor's project manager, the dredging operations inspector, the disposal operations inspector and the captain of each tug boat, hopper dredge or other form of vehicle used to transport dredged material to the designated disposal site.

B) A list of all vessels, dredging equipment and electronic positioning systems or navigation equipment to be used for dredging and disposal operations, including: the capacity, load level and acceptable operating sea conditions for each hopper dredge or disposal barge or scow.

C) A schedule describing when the dredging project is planned to begin and end.

D) A pre-construction dredging bathymetric survey (presented as a large format plan view drawing), taken within thirty (30) days before the dredging begins, accurate to 0.5-foot with the exact location of all soundings clearly defined on the survey chart. The pre-dredge survey chart shall be prepared showing the following information:

i) The entire dredging area, including the toe and top of all side-slopes, and typical cross sections of the dredging areas. To ensure that the entire area is surveyed, the pre-dredge condition survey should cover an area at least 50 feet outside the top of the side-slope or the boundary of the dredging area.

ii) Areas shallower than the dredging design depth shall be shaded green, areas between the dredging design depth and over dredge depth shall be shaded yellow, and areas below over dredge depth that will not be dredged shall be shaded blue.

iii) The pre-dredging survey chart shall be signed by the Permittee to certify that the data are accurate and that the survey was completed within thirty (30) days before the proposed dredging start date.

E) A debris management plan to prevent unauthorized disposal of large debris or other unsuitable materials. The debris management plan shall include: sources and expected types of debris if known, debris separation and retrieval methods and equipment to be used, debris disposal location(s), and debris disposal methods (e.g., recycling, landfill, hazardous/toxic/radioactive materials/munitions disposal sites, etc.).

F) Beach Nourishment:

i) A schedule describing when the beach nourishment project would begin and end.

ii) A debris management plan to prevent disposal of debris at beach nourishment location(s). The debris management plan shall include: sources and expected types of debris, debris separation and retrieval methods, and debris disposal methods.

iii) The Permittee shall delineate the perimeter of the beach nourishment area during beach nourishment operations, and monitor the area to protect the public from construction hazards and equipment.

3. NOTICE TO PROCEED

The Permittee shall not commence dredging or disposal operations unless and until the Permittee receives a Notice to Proceed, in writing (letter or email), from the Corps Regulatory Division.

4. MAINTAIN PRINTED COPY OF PERMIT ON-BOARD

The Permittee and its contractors and subcontractors shall maintain a copy of this permit at the work site, and on all vessels used to dredge, transport and dispose of dredged material authorized under this permit.

5. CAPTAIN LICENSING

The Permittee shall ensure that the captain of any hopper dredge, tug or other vessel used in the dredging and disposal operations, is a licensed operator under U.S. Coast Guard regulations and follows the Inland and Ocean Rules of Navigation or the U.S. Coast Guard Vessel Traffic Control

Service. All such vessels, hopper dredges or disposal barges or scows, shall have the proper day shapes (mast head signals which indicate vessel operational status), operating marine band radio, and other appropriate navigational aids.

6. RADIO CHANNEL MONITORING

The Permittee's contractor(s) and the captain of any vessel covered by this permit shall monitor

VHF-FM channels 13 and 16 while conducting dredging operations.

7. INSPECTIONS

Upon request, the Permittee and its contractor(s) shall allow inspectors from the Corps Regulatory

Division (may include other Corps Divisions), EPA, and(or) the U.S. Coast Guard to inspect all phases of the dredging and disposal operations. Upon request, the Permittee and its contractor(s) retained to perform work authorized by the permit or to monitor compliance with this permit shall make available to inspectors from the Corps EPA, and(or) the U.S. Coast Guard the following:

dredging and disposal operations inspectors' logs, the vessel track plots and all disposal vessel logs or records, any analyses of the characteristics of dredged material, or any other documents related to dredging and disposal operations.

8. INTERFERENCE WITH NAVIGATION

During disposal and dredging operations the permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States.

9. NON-COMPLIANCE NOTIFICATION

If non-compliance of the permit occurs, the Permittee shall report the details of the permit non-compliance to the Corps Regulatory Division within twenty-four (24) hours. If the Permittee retains any contractors to perform any activity authorized by this permit, the Permittee shall instruct all such contractors that any permit non-compliance of any permit condition must be reported to the

Permittee immediately who must then report to the Corps Regulatory Division.

10. HOPPER DREDGE OPERATION

When using a hopper dredge, water/slurry flowing through the weirs shall not exceed 10 minutes during dredging operations (to prevent overflow/overload). When using a hopper dredge, the fill level of the hopper dredge shall not exceed the load line to prevent any dredged material or water from spilling over the sides at the dredging site or during transit from the dredging site to the disposal site. No hopper dredge shall be filled above this predetermined level. Before each hopper dredge is transported to the disposal site, the dredging site inspector shall certify that it is filled correctly. If a dredging or disposal operation does not require a hopper dredge than disregard this special condition.

11. BARGE OR SCOW OPERATIONS

When using a disposal barge or scow, no water shall be allowed to flow over the sides throughout the dredging and disposal operations. The fill level of the disposal barge or scow shall not exceed the load line to prevent any dredged material or water from spilling over the sides during all operations. No disposal barge or scow shall be filled above this predetermined level or load line

(vessel frame/plating). Before each disposal barge or scow is transported to the disposal site, the

Permittees dredging site inspector shall certify that it is filled correctly.

12. ELECTRONIC POSITIONING SYSTEM NAVIGATION

The Permittee shall use an electronic positioning system to navigate throughout all dredging, hauling, disposal, and discharge operations unless otherwise approved by the Corps. The electronic positioning system shall have a minimum accuracy and precision of +/- 10 feet (or 3 meters). If the electronic positioning system fails or navigation problems are detected, all dredging operations shall cease until the failure or navigation problems are corrected.

13. PLANS SUBMITTAL

Prior to initiating construction in waters of the U.S., the Permittee shall submit to the Corps

Regulatory Division a complete set of final detailed dredging and disposal plans showing all work and structures in waters of the U.S. All plans shall be in compliance with the Final Map and

Drawing Standards for the South Pacific Division Regulatory Program dated February 10, 2016

(http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences/tabid/10390/Art icle/651327/updated-map-and-drawing-standards.aspx). All plan sheets shall be signed, dated, and submitted on paper no larger than 11x 17 inches. No work in waters of the U.S. is authorized until the Permittee receives, in writing (by letter or email), Corps Regulatory Division approval of the final detailed dredging and disposal plans. The Permittee shall ensure that the project is built in accordance with the Corps-approved plans.

14. POST-CONSTRUCTION REPORTING

The Permittee shall submit a post-construction/project completion report to the Corps Regulatory

Division within 30 calendar days after completion of each dredging event to document compliance with all general and special conditions in this permit. The report shall include all information collected by the Permittee, the dredging operations inspector and the disposal operations inspector or the disposal vessel captain. One post-construction report (instead of separate reports) should be submitted for all activities conducted under the permit. The report must describe whether or not all general and special conditions were met. The report shall include:

A) Project Name and Corps file number (eg. SPL-1980-12345-wtf).

B) Start date (month/day/year) and completion date of dredging and disposal operations.

C) The disposition and total cubic yards of all material disposed or discharged at each site or location.

D) Dredging method (e.g., hopper dredge, suction dredge, clamshell, dragline, etc.).

E) Mode of transportation.

F) Frequency of disposal and plots of all trips to the disposal or discharge site(s).

G) Tug boat or other disposal vessel logs documenting contact with the U.S. Coast Guard before each trip to the disposal or discharge site(s).

H) A detailed post-dredging bathymetry survey drawing of the dredging area. The survey drawing shall show areas above the dredging design depth shaded green, areas between the dredging design depth and overdredge depth shaded yellow, areas below overdredged depth that were not dredged or areas that were deeper than the overdredge depth before the project began as indicated on the pre-dredging survey shaded blue, and areas dredged below the overdredge depth or outside the project boundaries shaded red. The methods used to record the post-construction dredging survey drawing shall be the same methods used in the pre-construction dredging survey drawing. The survey drawing shall be signed by the Permittee certifying that the data are accurate.

I) A description of any navigation problems and corrective measures implemented.

J) Copies of all completed Scow Certification Checklists for ocean disposal and signed Certification of Compliance (attached as part of this permit package).

K) Summary of compliance status with each special condition of this permit (including any noncompliance that previously occurred or is currently occurring and corrective actions taken or proposed to achieve compliance); Color photographs (including map of photopoints) taken at the project site before and after construction for those aspects directly associated with permanent impacts to waters of the U.S. such that the extent of authorized fills can be verified; One copy of "as built" drawings for the entire project. Electronic submittal (Adobe PDF format) is preferred. All sheets must be signed, dated, and to-scale. If submitting paper copies, sheets must be no larger than

11 x 17 inches.

15. EELGRASS MITIGATION

Within 45 calendar days of completion of all eelgrass mitigation resolution with the Navy and their

Eelgrass Mitigation Bank, the Permittee shall submit to the Corps Regulatory Division a memorandum including the following information:

A) Date(s) all mitigation was debited from the Navy’s approved Eelgrass mitigation bank with written approval from the Navy that the debits have occurred or;

B) If the Navy’s eelgrass mitigation bank cannot be used the permittee shall submit an eelgrass mitigation plan and schedule for future mitigation establishment per the Corps mitigation rule and

CEMP, monitoring and reporting pursuant to final, Corps-approved mitigation plan; one copy of "as built" drawings for the entire project, including all mitigation sites per the approved mitigation plan.

Electronic submittal (Adobe PDF format) is preferred. All sheets must be signed, dated, and to-scale. If submitting paper copies, sheets must be no larger than 11 x 17 inches.

C) Summary of mitigation compliance status with each special condition of this permit

(including any noncompliance that previously occurred or is currently occurring and corrective actions taken or proposed to achieve compliance).

ENDANGERED SPECIES ACT (ESA)

16. This Corps permit does not authorize you to take any threatened or endangered species, in particular the federally endangered Green Sea Turtle (Chelonia Mydas; GST) or the California least tern (Sterna antillarum browni; CLT) or adversely modify GST designated critical habitat. In order to legally take a listed species, you must have separate authorization under the Endangered Species

Act (ESA) (e.g. ESA Section 10 permit, or a Biological Opinion (BO) under ESA Section 7, with

"incidental take" provisions with which you must comply). Pursuant to the USCG lead agency request and then response from NMFS correspondence dated February 18, 2019 including the required avoidance and minimization measures, the Corps Regulatory Division has determined and the NMFS has concurred that your activity is not likely to adversely affect the above species. Your authorization under this Corps permit is conditional upon your compliance with all of the required avoidance and minimization measures, which are incorporated by reference in this permit. Failure to comply with the required avoidance and minimization measures would constitute non-compliance with your Corps permit.

SECTION 10 (WORK OR STRUCTURES IN NAVIGABLE WATERS OF THE U.S.)

17. PILES

Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met:

A) The project involves the repair of existing structures that were originally constructed using wood products;

B) The creosote treated pilings are wrapped in plastic;

C) Measures are taken to prevent damage to plastic wrapping from boat use. Such measures may include installation of rub strips or bumpers;

D) The plastic wrapping is sealed at all joints to prevent leakage; and

E) The plastic material is expected to maintain its integrity for at least ten years, and plastic wrappings that develop holes or leaks must be repaired or replaced in a timely manner by the

Permittee.

18. LIMITATIONS

No other modifications or work shall occur to the USCG maintained berthing areas permitted herein.

19. CLEAN CONSTRUCTION PRACTICES

The Permittee shall discharge only clean construction materials suitable for use in the oceanic environment. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, hazardous/toxic/radioactive/munitions from construction or dredging or disposal shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein, any and all excess material or debris shall be completely removed from the work area and disposed of in an appropriate upland site.

20. U.S. COAST GUARD NOTIFICATION

To ensure navigational safety, the Permittee shall provide appropriate notifications to the U.S. Coast

Guard as described below:

Commander, 11th Coast Guard District (dpw)

TEL: (510) 437-2980

Email: d11LNM@uscg.mil

Website: http://www.uscg.mil/dp/lnmrequest.asp

U.S. Coast Guard, Sector LA-LB (COTP)

Email: D11-DG-SectorLALB-WWM@uscg.mil

For projects in San Diego County:

U.S. Coast Guard

Sector San Diego, Attn: LTJG Briana Biagas

2710 N. Harbor Dr.

San Diego, California 92101

Attn: Ports and Waterways Division

Tel : (619) 278-7261

Fax: (619) 278-7279

Email: BRIANA.L.BIAGAS@uscg.mil

A) The Permittee shall notify the U.S. Coast Guard, Commander, 11th Coast Guard District (dpw) and the U.S. Coast Guard, Sector LA-LB (COTP) (contact information shown above), not less than

1-2 calendar days prior to commencing work and as project information changes. The notification shall be provided by email with at least the following information, transmitted as an attached Word or PDF file:

1) Project description including the type of operation (i.e. dredging, diving, construction, etc).

2) Location of operation, including Latitude / Longitude (NAD 83).

3) Work start and completion dates and the expected duration of operations. The U.S. Coast

Guard needs to be notified if these dates change.

4) Vessels involved in the operation (name, size and type).

5) VHF-FM radio frequencies monitored by vessels on scene.

6) Point of contact and 24 -hour phone number.

7) Potential hazards to navigation.

8) Chart number for the area of operation.

9) Recommend the following language be used in the Local Notice to Mariners: "Mariners are urged to transit at their slowest safe speed to minimize wake, and proceed with caution after passing arrangements have been made."

B) The Permittee and its contractor(s) shall not remove, relocate, obstruct, willfully damage, make fast to, or interfere with any aids to navigation defined at 33 C.F.R. chapter I, subchapter C, part 66.

Not less than 1-2 calendar days in advance of operating any equipment adjacent to any aids to navigation that require relocation or removal, the Permittee shall notify, in writing, the Eleventh

U.S. Coast Guard District and the Corps Regulatory Division. The Permittee and its contractor(s) are prohibited from relocating or removing any aids to navigation until authorized to do so by the

Corps Regulatory Division and the U.S. Coast Guard.

C) The Permittee is prohibited from establishing private aids to navigation in navigable waters of the United States until authorized to do so by the Corps Regulatory Division and the U.S. Coast

Guard. Should the Permittee determine the work requires the temporary placement and use of private aids to navigation in navigable waters of the United States, the Permittee shall submit a request in writing to the Corps Regulatory Division and the U.S. Coast Guard.

D) The COTP may modify the deployment of marine construction equipment or mooring systems to safeguard navigation during project construction. The Permittee shall direct questions concerning lighting, equipment placement, and mooring to the appropriate COTP.

21. OBSTRUCTIONS

The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, 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, the Permittee will be required, upon due notice from the Corps of Engineers Regulatory Division, 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.

22. COMMENCEMENT NOTIFICATION

The Permittee shall notify the Corps Regulatory Division of the date of commencement of work in navigable waters of the United States no less than 1-2 calendar days prior to commencing work, and shall notify the Corps of the date of completion of operations at least five (5) calendar days prior to such completion.

23. POST-CONSTRUCTION AS-BUILT SURVEY(S)

Within 30 calendar days of completion of the project authorized by this permit, the Permittee shall conduct a post-project survey indicating the location of all new structures and their features, or the modification of structures and their features within navigable waters. The Permittee shall forward a copy of the survey, as well as a copy of this permit, to the Corps Regulatory Division (via email at:

Regulatory.SPL@usace.army.mil) and to the National Oceanic and Atmospheric Administration for updating nautical charts (via email at: Lori.Powdrell@noaa.gov). Post-project surveys/as-built plans should be provided electronically in two formats: .pts (xyz) and one of, .pdf, CAD, or GIS. Include the following header metadata: project name, surveyor's name and company, area surveyed (acres), type of survey method, date of survey, geographic control points (for example: latitude/longitude, plane coordinates), geographic coordinate system (use NAD83), geographic projection, units (use

US Survey Feet), and tide gage location. For all subsurface structures and dredge projects include elevation (z coordinate) datum indicated as a negative below MLLW, and also indicate the survey system and bin sizes as appropriate.

24. CAULERPA PRE-CONSTRUCTION SURVEY

A pre-construction survey of the project area for Caulerpa taxifolia (Caulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see http://swr.nmfs.noaa.gov/hcd/caulerpa/ccp.pdf) not later than 1-2 calendar days prior to planned construction. The results of this survey shall be furnished to the Corps Regulatory Division, NOAA Fisheries, and the California Department of

Fish and Wildlife (CDFW) at least 1-2 calendar days prior to initiation of work in navigable waters.

In the event that Caulerpa is detected within the project area, the Permittee shall not commence work until such time as the infestation has been isolated, treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFW unless otherwise approved by the Corps.

25. EELGRASS PRE-CONSTRUCTION SURVEY

Prior to construction, a pre-project eelgrass survey should be conducted in accordance with the

California Eelgrass Mitigation Policy (CEMP)

(http://www.westcoast.fisheries.noaa.gov/publications/habitat/california_eelgrass_mitigation/Final

CEMP October 2014/cemp_oct_2014_final.pdf) no earlier than 1-2 calendar days prior to planned construction unless otherwise approved by the Corps. The results of the survey must be submitted to the Corps at least 1-2 calendar days prior to initiation of work in waters of the United States. If the pre-project survey demonstrates eelgrass presence within the project vicinity, post-project survey(s) must be conducted and any impacts to eelgrass mitigated in accordance with the CEMP.

26. EELGRASS MITIGATION, ESSENTIAL FISH HABITAT (EFH), AND POST-

CONSTRUCTION EELGRASS SURVEY(S)

The Corps and the permittee (in conjunction with the Navy and NMFS) shall jointly determine the amount of eelgrass impact and the Corps and the Navy will determine the amount of eelgrass credit to be debited from the Navy’s Approved Eelgrass Mitigation Bank as covered under the USCG

EFH determination with NMFS dated February 1, 2019. If the Navy’s eelgrass mitigation bank cannot be used and other eelgrass mitigation is required by the Corps once authorized impacts to navigable waters authorized by this permit have ceased, the Permittee shall conduct two years of post-construction eelgrass monitoring surveys per the mapping guidelines in NOAA Fisheries'

California Eelgrass Mitigation Policy (Policy)

(http://www.westcoast.fisheries.noaa.gov/publications/habitat/california_eelgrass_mitigation/Final

CEMP October 2014/cemp_oct_2014_final.pdf). All required post-construction monitoring surveys shall be submitted by the Permittee to the Corps and NOAA Fisheries within 30 calendar days of each survey completion date. Based upon the post-construction monitoring survey results and in accordance with the Policy, the Corps will determine the need and/or amount of Essential Fish

Habitat (EFH) mitigation with the USCG as the lead agency required to offset adverse impacts to such habitat. The Corps will transmit its determination to the Permittee in writing. Within 60 calendar days of receiving the Corps' determination specifying the need and amount of mitigation, the Permittee shall submit a draft EFH mitigation plan to the Corps for review and approval. The

EFH mitigation plan shall be prepared in accordance with the Policy and the Corps' South Pacific

Division Regional Compensatory Mitigation Guidelines and Monitoring Requirements, dated

January 12, 2015. The Permittee shall fully implement the final EFH mitigation plan as approved by the Corps in consultation with the permittee and NMFS and the Navy.

27. CULTURAL RESOURCES

Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the Permittee shall notify the Corps' Archeology Staff within 24 hours (Danielle Storey at 213-452-3855 OR Meg

McDonald at 213-452-3849 or Robert Smith at 760-602-4831). The Permittee shall immediately suspend all work in any area(s) where potential cultural resources are discovered. The Permittee shall not resume construction in the area surrounding the potential cultural resources until the Corps

Regulatory Division re-authorizes project construction, per 36 C.F.R. section 800.13.

28. No later than one month following completion of authorized work in waters of the U.S., the permittee shall ensure all sites within waters of the U.S. subject to authorized, temporary impacts are restored to pre-project alignments, elevation contours, and conditions to the maximum extent practicable to ensure expeditious resumption of aquatic resource functions. No later than 45 calendar days following completion of authorized work in waters of the U.S., the permittee shall submit a memorandum documenting compliance with this special condition.

29. Incidents where any individuals of fish, whale, abalone, sea turtle, coral, or marine plant species as appropriate for your district listed by NOAA Fisheries under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the United

States or structures or work in navigable waters of the United States authorized by this NWP shall be reported to NOAA Fisheries, Office of Protected Resources at (301) 713-1401 and the

Regulatory Office of the Los Angeles District of the U.S. Army Corps of Engineers at (760) 602-

4831. The finder should leave the plant or animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure, or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries, Office of Protected Resources, to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved.

30. That the permittee shall implement and abide by the EPA LA-5 site use conditions submitted to the Corps on February 21, 2019 after the initial dredging phase in 2019 (attached).

31. That the permittee shall implement and abide by the California Coastal Commission (CCC)

Negative Determination (ND-0040-18) per the CCC letter dated December 4, 2018.

Further Information:

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

(x) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403).

(x) Section 404 of the Clean Water Act (33 U.S.C. 1344).

(x) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).

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.

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 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 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 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 measure 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 CFR 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 you 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.

PERMITTEE DATE

Dave Stalters, United States Coast Guard

This permit becomes effective when the Federal official, designated to act for the Secretary of the

Army, has signed below.

U.S. Army Corps of Engineers

Robert R. Smith Jr., P.E.

Senior Project Manager

DATE

When the structures or work authorized by this permit are still in existence at 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

25 February 2019

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT

CARLSBAD FIELD OFFICE

5900 LA PLACE CT., SUITE 100

CARLSBAD, CA 92008

February 25, 2019

SUBJECT: Validated Permit

United States Coast Guard (USCG)

Attn: Dave Stalters

CEU Oakland

1301 Clay Street, Suite 700 N

Oakland, CA 94612

Dear Mr. Stalters:

I have signed and enclosed your validated Department of the Army Permit (File No. SPL-

2018-00207-RRS). Please retain this permit for your files.

The Notification of Commencement of Work statement and the Notification of

Completion of Work and Certification of Compliance statement should be completed and returned as directed in each statement.

Thank you for participating in the Regulatory Program. If you have any questions, contact me at (760) 602-4831 or via e-mail at Robert.R.Smith@usace.army.mil. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey.

Sincerely, Robert Revo Smith Jr.

Senior Project Manager

Enclosures http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey

LOS ANGELES DISTRICT

U.S. ARMY CORPS OF ENGINEERS

Name of Permittee: Dave Stalters; United States Coast Guard

Date of Issuance: February 25, 2019

Date work in waters of the U.S. will commence: __________________________________

Estimated construction period (in weeks): _______________________________________

Name & phone of contractor (if any): __________________________________________

Please note that your permitted activity is subject to a compliance inspection by an Army

Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation.

I hereby certify that I, and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced permit.

Signature of Permittee Date

At least ten (10) days prior to the commencement of the activity authorized by this permit, sign this certification and return it using any ONE of the following (2) methods:

(1) E-MAIL a statement including all the above information to:

Robert.R.Smith@usace.army.mil

OR

(2) MAIL to the following address:

U.S. Army Corps of Engineers

Regulatory Division

ATTN: CESPL-RG-SPL-2018-00207-RRS

Carlsbad Field Office

5900 La Place Ct., Suite 100

Carlsbad, CA 92008

LOS ANGELES DISTRICT

U.S. ARMY CORPS OF ENGINEERS

NOTIFICATION OF COMPLETION OF WORK AND

CERTIFICATION OF COMPLIANCE WITH

Name of Permittee: Dave Stalters; United States Coast Guard, Date of Issuance: February 25, 2019

Date work in waters of the U.S. completed: _____________________________________

Construction period (in weeks): ___________________________________________

Name & phone of contractor (if any): _________________________________________

Please note that your permitted activity is subject to a compliance inspection by an Army

Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit.

Signature of Permittee Date

Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following two (2) methods:

(1) E-MAIL a statement including all the above information to:

Robert.R.Smith@usace.army.mil

OR

(2) MAIL to the following address:

U.S. Army Corps of Engineers

Regulatory Division

ATTN: CESPL-RG-SPL-2018-00207-RRS

Carlsbad Field Office

5900 La Place Ct., Suite 100

Carlsbad, CA 92008

LA-5 Site Use Conditions (2018) Page 1 of 5

Disposal Site Use Conditions and Practices

The standard conditions listed below apply to all users of the LA-5 site, unless EPA and USACE as necessary in sections C and D below authorize additional project-specific conditions or alternative permit/project conditions in advance (Table 1). It is the permittee’s responsibility to ensure that all personnel involved in approved dredging and disposal operations, including contractors and subcontractors, are aware of and comply will all required site use conditions and practices.

Table 1. Dimensions and Center Coordinates of the LA-5 Site, and the Associated

Surface Disposal Zone (SDZ)

Disposal Site

Dimensions Center Coordinates Disposal Limit

Radius of SDZ*

Radius of

Overall

Site

Latitude

(NAD 83)

Longitude

(NAD 83)

Cubic yards per year

LA-5

(San Diego) 1000 ft 3000 ft 32º36.833’N 117º20.717’ W

Designated at

700,000 (historical maximum)

* Surface Disposal Zone: disposal vessels must be entirely within this smaller zone when discharging dredged material.

The following mandatory conditions for disposal operations at the LA-5 site are provided pursuant to EPA’s authority under sections 102 and 103 of the Marine Protection, Research, and

Sanctuaries Act (MPRSA), and the ocean dumping regulations at 40 CFR Parts 220-228. For enhanced clarity and understanding, they enhance, combine, and re-number many of the special conditions originally published in EPA’s 1999 rule [64 FR 141 pages 39927-39934, and 40 CFR

228.15 (l)(3)].

A. Definitions:

1. “Permit” and “permittee” as used here mean USACE ocean dumping permits issued to others under Section 103 of the MPRSA, and to USACE itself and its contracts or other authorizations for USACE dredging projects (see MPRSA section 103(e) and 40 CFR Part

220.2).

2. “Towing vessel” is any self-propelled tug or other marine vessel used to transport (tow or push) the “disposal vessel” (see #3 following) for any portion of the transit to LA-5.

3. “Disposal vessel” is any barge, scow, or self-propelled vessel (such as a hopper dredge) that carries dredged material during transit and from which the dredged material is discharged, typically by opening doors in the bottom of the hull or by splitting the hull.

4. “Transit” or “transport” to the disposal site begins as soon as dredged material loading into the disposal vessel is completed and a towing vessel begins moving the disposal vessel

LA-5 Site Use Conditions (2018) Page 2 of 5 to the disposal site.

5. “Surface Disposal Zone” or “SDZ” is the 1,000-foot radius circle at the center of the overall disposal site (see Table 1 above; Section 2), within which the disposal vessel must discharge all of the dredged material.

B. Standard Conditions for Use of the LA-5 Ocean Dredged Material Disposal Site:

1. Prohibition on Leaking or Spilling During Transport: Dredged material shall not be leaked or spilled from disposal vessels during transit to the LA-5 site. Transportation of dredged material to any of these sites shall only be allowed when weather and sea state conditions will not interfere with safe transportation and will not create risk of spillage, leak or other loss of dredged material during transit. Disposal vessels must not be loaded beyond a level at which dredged material would be expected to be spilled in transit under anticipated sea state conditions. Any load limits (as an example, to be filled to more than

80 percent of the vessel’s maximum bin or hopper volume) would be indicated in section

(C) below. No disposal vessel trips shall be initiated when the National Weather…