Appendix B_Permits.pdf

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USCG Station Vallejo Page 2 2013 Maintenance Dredging Water Quality Certification

Certification

I hereby issue an order certifying that any discharge from the referenced project will comply with the applicable provisions of CWA 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), and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water Quality Certification," which requires compliance with all conditions of this Water Quality Certification. The following conditions are associated with this certification:

1. Dredging shall be limited to the project depth of –10 feet MLLW, plus an additional 1-foot overdredge allowance.

2. No overflow or decant water shall be discharged from any barge.

3. USCG 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 Water Code section 13267.

Regional Monitoring Program

Please be aware that Condition 3 is an order for a technical report pursuant to Water Code section 13267. Dischargers of waste materials to the Bay, including those who dispose of dredged material, are required to monitor the impacts of their discharges under section 13267.

This monitoring provides necessary information about ambient Bay water quality and potential long-term impacts of dredged material disposal. USCG may elect to participate in the San Francisco Estuary Regional Monitoring Program for Trace Substances (RMP) to fulfill this requirement or provide comparable data on an individual basis. 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 and SFEI by the U.S. Army Corps of Engineers. If the post-dredge survey volumes for each fiscal year ending June 30 are not reported to the Water Board by September 1 of the next fiscal year (same calendar year), RMP dredger participants will be billed based on reported bin volumes, which may overestimate the volume actually dredged. The Water Board recognizes payments to the RMP as fulfilling requirements to provide information on water quality impacts under section 13267.

4. Dredging and disposal activities shall be limited to the work windows established by the

California Department of Fish and Wildlife (DFW), the National Marine Fisheries Service

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(NMFS), and the U.S. Fish and Wildlife Service (USFWS) in their biological opinions on the Long Term Management Strategy for the Placement of Dredged Material in the San Francisco Bay Region, unless written authorization by the appropriate agencies to work outside these windows is provided to Water Board staff. As shown in the following table, the applicable work window for this dredging project is August 1 through October 15 of any year.

Species of Concern Work Window Period Consulting Agency

Chinook Salmon June 1 through November 30 NMFS, DFW* Delta Smelt August 1 through January 31 USFWS, DFW Steelhead Trout August 1 through October 15 NMFS

*If a federal agency and DFW are both listed, DFW generally defers to the federal agency

5. This certification does not allow for the take, or incidental take, of any special status species.

USCG is required, as prescribed in the State and federal endangered species acts, to consult with the appropriate agencies prior to commencement of the project. USCG shall use the appropriate protocols, as approved by DFW, NMFS, and/or USFWS, to ensure that project activities do not adversely impact Preservation of Rare and Endangered Species, a beneficial use of San Francisco Bay and its tributaries as set forth in the Basin Plan.

6. USCG shall adhere to the conditions imposed by DFW in the project’s Streambed and Lake Alteration Agreement (SAA) (Notification No. 1600-2013-0122-R3).

7. USCG or its representative shall notify Water Board staff immediately by telephone and e-mail whenever an adverse condition occurs as a result of this activity. An adverse condition includes, but is not limited to, a violation or threatened violation of conditions of this certification, 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 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. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the Water Code and section 3867 of Title 23 of the California Code of Regulations (23 CCR).

9. This certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 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.

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10. Certification is conditioned upon total payment of the full fee required in State regulations (23 CCR section 3833) and owed by the applicant. The fee for the proposed project has been paid in full.

Conclusion

This certification applies to the project as proposed in the application materials. Please be advised that failure to implement the project as proposed is a violation of water quality certification. Any violation of water quality certification conditions is subject to administrative civil liability pursuant to Water Code sections 13268 and 13350. Failure to meet any condition of a certification may subject USCG to civil liability imposed by the Water Board to a maximum of $5000 per violation day for violations of section 13267 technical report requirements or $10 for each gallon of waste discharged in violation of this certification.

We anticipate no further action on this request. 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.

If you have any questions, please contact Elizabeth Christian at (510) 622-2335, or by email to echristian@waterboards.ca.gov.

Sincerely, Bruce H. Wolfe Executive Officer

Attachments:

Figure 1. Location Map Figure 2. Dredge Footprint cc w/attachments (all via email):

State Water Resources Control Board (Stateboard401@waterboards.ca.gov) BCDC, San Francisco, CA (Pascale Soumoy, pascales@bcdc.ca.gov) CA State Lands Commission , Sacramento, CA (Donn Oetzel, oetzeld@slc.ca.gov) DFW, Napa, CA (Timothy S. Dodson, timothy.dodson@wildlife.ca.gov) US Army Corps of Engineers, San Francisco, CA (Mark D’Avignon, mark.r.d'avignon@usace.army.mil) US EPA, WTR-8 (R9-WTR8-Mailbox@epa.gov) Roy Clark, USCG (roy.s.clark@uscg.mil)

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