Appendix B1 Permits and Hydro Survey.pdf

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DEPARTMENT OF THE ARMY

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

450 GOLDEN GATE AVENUE

SAN FRANCISCO, CALIFORNIA 94102-3404

Operations and Readiness Division

SUBJECT: File Number 2008-00049: USCG Station Vallejo, Maintenance Dredging; Episode 2;

Test Results; DMMO Serial Number: 24-022

Erin Hale U.S. Coast Guard CEU 1301 Clay Street, Suite 700N Oakland, California 94612-5203

Dear Ms. Hale:

The Dredged Material Management Office (DMMO) is an interagency group comprised of representatives from the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the San Francisco Bay Conservation and Development Commission, the San Francisco Bay Regional Water Quality Control Board, the California State Lands Commission, and state and federal wildlife agencies. At the meeting on March 20, 2024, the DMMO completed its review of the sediment test results presented in the document prepared by WSP USA Environment & Infrastructure Inc. entitled “Sampling and Analysis Plan Report Sediment Characterization Study to Support Maintenance Dredging at Coast Guard Station Vallejo,” dated March 2024 and revised April 2024. The test results are for the approximately 23,151 cubic yards of sediment proposed to be dredged to a design depth of -10 feet mean lower low water, plus an overdepth allowance of 2 feet, from an approximately 1.5-acre dredge footprint at the US Coast Guard Station Vallejo, located in the Vallejo Marina, in the City of Vallejo, Solano County, California.

The members of the DMMO are recommending to their respective agency's management that the sediment proposed for dredging from the Vallejo Marina, as characterized in the above document, is suitable for unconfined aquatic disposal at an in-Bay disposal site, such as the Carquinez Strait Disposal Site (SF-9), and for beneficial reuse at the Cullinan Ranch Restoration Project and the Montezuma Wetlands Restoration Project.

To assist the National Marine Fisheries Service in more accurately assessing the environmental impacts of maintenance dredging, the DMMO is keeping track of the actual acreage that is dredged, to compare that to the amount that is permitted to be dredged. Please include the approximate acreage of the proposed dredge footprint in the dredge operation plan.

Also, please be advised that this letter does not constitute an authorization to proceed with your dredge project. You must first obtain appropriate Federal, State and local authorizations and provide all appropriate notifications.

May 10, 2024

-2-

If you have any questions regarding this matter, please contact Melissa France at (415) 503-

6768 or e-mail at Melissa.M.France@usace.army.mil. If you wish to write, please address all correspondence to Melissa France, Operations and Readiness Division and refer to the file number at the head of this letter and include the dredge episode number.

Sincerely, Jessica M. Vargas Chief, Dredged Material Management Office

Copies Furnished (Electronically):

US EPA, San Francisco, CA, Attn: Jennifer Siu US NMFS, Santa Rosa, CA, Attn: Sara Azat CA BCDC, San Francisco, CA, Attn: Brenda Goeden CA RWQCB, Oakland, CA, Attn: Selina Louie CA SLC, Sacramento, CA, Attn: Marlene Schroeder CA DFW, Santa Rosa, CA, Attn: Arn Aarreberg

2024-05-10T11:05:35-0700

VARGAS.JESSICA.MARIE.1288359675

Regulatory Division

Subject: File Number: 2008-00049, U.S. Coast Guard Station Vallejo Maintenance Dredging;

Individual Permit; First Transmittal

Mr. Will Robinson Acting Chief, Environmental Management Branch U.S. Coast Guard 1301 Clay Street, Suite 700N Oakland, California 94612-5203

Dear Mr. Robinson:

This correspondence is in reference to your Department of the Army permit application of July 31, 2020, for the maintenance dredging of the U.S. Coast Guard Station Vallejo located in Vallejo, Solano County, California. The enclosed copy of the Department of the Army Permit authorizes the removal of an estimated 60,000 cubic yards of sediment, over a 10-year period, from U.S.

Coast Guard Station Vallejo.

Based on a recently completed review and evaluation of your Department of the Army permit application and the recommendations of my Regulatory staff, your request for a Department of the Army Permit is hereby tentatively approved, subject to the procedures described herein. This decision on permit issuance has been developed under the provisions of 33 C.F.R. Sections 320.4(a) and 325.8(b), which authorize the District Engineer, or his designee, to issue a permit when he determines that permit issuance complies with the Section 404(b)(1) Guidelines and is not contrary to the public interest. This initial proffered permit will not be valid until it has been signed and dated by the District Engineer, or his designee.

You are advised that the Corps has established an Administrative Appeal Process, as described in our regulations at 33 C.F.R. pt. 331 (65 Fed. Reg. 16486 (March 28, 2000)) and outlined in the enclosed flowchart and Notification of Administrative Appeal Options, Process, and Request for Appeal (NAO-RFA) form. The following two options are available to you in your evaluation of the enclosed permit: You are advised that the Corps has established an Administrative Appeal Process, as described in our regulations at 33 C.F.R. pt. 331 (65 Fed. Reg.

16486 (March 28, 2000)) and outlined in the enclosed flowchart and Notification of Administrative Appeal Options, Process, and Request for Appeal (NAO-RFA) form. The following two options are available to you in your evaluation of the enclosed permit:

1. You may sign and date the permit on the line designated for “Permittee”. Your signature on the permit indicates that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions. The permit with your signature must be returned to the Regulatory Division for final authorization.

July 26, 2021

We will then forward a copy of the fully executed permit for your records, at which time you will be authorized to commence work.

2. You may decline to sign the permit because you object to certain terms and conditions, and you may request that the permit be modified. If you decline the permit, you must return the permit to the District Engineer and may not proceed with your project until notified by the District Engineer. You must outline your objections to the terms and conditions of the permit by completing Section II of the NAO-RFA form. Your objections must be received by the District Engineer within 60 days of the date of this letter or you will forfeit your right to request changes to the terms and conditions of the permit.

Upon receipt of the completed NAO-RFA form, the District Engineer will evaluate your objections, and may: a) modify the permit to address all of your objections, b) modify the permit to address some of your objections, or c) not modify the permit, having determined that the permit should be issued as previously written. In any of these three cases, the District Engineer will send you a final permit for your reconsideration, as well as a second NAO-RFA form. Should you decline the final proffered permit, you can appeal the declined permit by submitting the completed NAO-RFA form to the Division Engineer. The NAO-RFA form must be received by the Division Engineer within 60 days of the date of the second transmittal letter, or you will forfeit your right to pursue an appeal.

If you fail to sign and return a copy of this permit or fail to request a modification of the permit within 60 days from the date of this letter, your permit application may be withdrawn pursuant to our regulations at 33 C.F.R. § 325.2(d)(5).

Be advised that your signed permit will NOT be an authorization to proceed. You must first fulfill the requirements of Standard DMMO Conditions 8b, 8c, and 8d on pages 3B and 3C. The conditions are for the submittal, to this office for approval, of a dredge operations plan, a before dredge survey and a solid debris management plan. Once these items have been submitted and approved, by this office, you will receive written authorization to commence your work.

You may refer any questions on this matter to Melissa France by telephone at (415) 503-6768 or by e-mail at Melissa.M.France@usace.army.mil. All correspondence should be addressed to Melissa France, Operations and Readiness Division, referencing the file number at the head of this letter.

Sincerely, Jessica M. Vargas

Enclosures

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

DEPARTMENT OF THE ARMY PERMIT

PERMITTEE: Mr. Will Robinson, U.S. Coast Guard

PERMIT NO. 2008-00049

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

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

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

PROJECT DESCRIPTION

The permittee is authorized to initially remove approximately 12,000 cubic yards (cys) of sediment in an initial episode and a total of approximately 60,000 cys over the life of the permit from the 1.38-acre (approximately) basin at the U.S. Coast Guard Station Vallejo in the city of Vallejo, Solano, County, California. The design depth for the US. Coast Guard Station Vallejo is -10 feet mean lower low water (MLLW) plus an additional 2-foot overdredge allowance. The material will be removed using a mechanical dredge and barged to an in-Bay Disposal Site, the San Francisco Deep Ocean Disposal Site (SF-DODS), a permitted beneficial reuse site, or at an appropriate upland disposal location outside Corps jurisdiction. Work shall be conducted in accordance with the attached drawings entitled, “Figure 2, Dredge Footprint and Figure 3, 2019 Bathymetric Survey,” in 2 sheets, dated April and May 2020.

Prior to each dredging episode, the permittee is authorized to conduct sediment sampling in accordance with appropriate testing procedure. The Dredge Material Management Office (DMMO) will evaluate the sediments to be dredged for disposal or reuse suitability. The DMMO includes representatives from the U.S. Environmental Protection Agency, San Francisco Bay Conservation and Development Commission (BCDC), San Francisco Bay Regional Water Quality Control Board (RWQCB), and the U.S. Army Corps of Engineers (Corps). The DMMO is tasked with approving sampling and analysis plans in conformity with testing manuals, reviewing the test results and reaching consensus regarding a suitable disposition for the material.

PROJECT LOCATION: USCG Station Vallejo located in the city of Vallejo, Solano County, California.

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

GENERAL CONDITIONS:

1. The time limit for completing the work authorized ends on 12-31-2030. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

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

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

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

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as Special Conditions to this permit. Water Quality Certification, Maintenance Dredging at U.S. Coast Guard Station

Vallejo Maintenance Dredging, Vallejo, Solano County, issued by the Regional Water Quality

Control Board, San Francisco Bay Region, under WDID No. 2CW439590 on 04 May 2021

6. If a conditioned coastal zone consistency concurrence or determination has been issued for your project, you must comply with the conditions specified in the concurrence or determination as Special Conditions to this permit. BCDC Permit No. C2007.00S.07 (Originally

Issued on August 22, 2008, As Amended through July 1, 2021) Amendment No. Seven

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

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

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

SPECIAL CONDITIONS:

1. Dredging shall be limited to August 1 through November 30 each year in order to minimize impacts to ESA listed fish species. Dredging outside this environmental work window would require consultation with the National Marine Fisheries Service (NMFS) (pursuant to Section 7 of the Endangered Species Act) and approval from the NMFS and the U.S. Army Corps of Engineers.

2. To remain exempt from the prohibitions of Section 9 of the Endangered Species Act, the non-discretionary terms and conditions for incidental take of federally-listed threatened fish species shall be fully implemented in the manner stipulated in the programmatic “Endangered Species Act (ESA) Section 7(a)(2) Biological Opinion for the Long Term Management Strategy For the Placement of Dredged Material in the San Francisco Bay Region, NMFS Consultation Number: WCR-2014-1599” and “Formal Programmatic Consultation on the Issuance of Section 10 and 404 Permits for Projects with Relatively Small Effects on Delta Smelt (Hypomesus transpacificus) and its Critical Habitat”, dated December 1, 2004. The USFWS and NMFS are the appropriate authority to determine compliance with the terms and conditions of their BiOps and with the ESA.

3. The effects of proposed project on essential fish habitat has been considered in the “Agreement on Programmatic EFH Conservation Measures for Maintenance Dredging Conducted Under the LTMS Program” (Tracking Number: 2009/06769) dated June 9, 2011 and all conservation measures that apply to the permitted dredging activity will be implemented as stated in the programmatic agreement.

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

FURTHER INFORMATION:

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

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403).

Section 10 of the Rivers and Harbors Act generally regulates all structures and work occurring below the plane of mean high water in tidal waters of the United States; in former diked baylands currently below mean high water; outside the limits of mean high water but affecting the navigable capacity of tidal waters; or below the plane of ordinary high water in non-tidal waters designated as navigable waters of the United States. Navigable waters of the United States generally include all waters subject to the ebb and flow of the tide; and/or all waters presently used, or have been used in the past, or may be susceptible for future use to transport interstate or foreign commerce.

The term "structure" includes, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island or reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, or any

ENG FORM 1721, Nov 86 4 (33 CFR pt. 325 (Appendix A)) other obstacle or obstruction. The term "structure" does not include bridges and causeways constructed in or over navigable or tidal waters of the United Sta tes, since this regulatory responsibility has been delegated to the U.S. Coast Guard under the Department of Transportation Act of 1966 (Pub. L. No. 89-670). The term "work" includes, without limitation, any dredging or disposal of dredged material, filling, or other modification of a navigable water of the United States.

(X) Section 404 of the Clean Water Act (33 U.S.C. § 1344). Section 404 of the Clean Water Act generally regulates all discharges of dredged or fill material occurring below the plane of ordinary high water in non-tidal waters of the United States; or below the high tide line in tidal waters of the United States; and within the lateral extent of wetlands adjacent to these waters. Waters of the United States generally include the territorial seas; all traditional navigable waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including waters subject to the ebb and flow of the tide; wetlands adjacent to traditional navigable waters; non-navigable tributaries of traditional navigable waters that are relatively permanent, where the tributaries typically flow year-round or have continuous flow at least seasonally; and wetlands directly abutting such tributaries. Where a case-specific analysis determines the existence of a "significant nexus" effect with a traditional navigable water, waters of the United States may also include non-navigable tributaries that are not relatively permanent;

wetlands adjacent to non-navigable tributaries that are not relatively permanent; and wetlands adjacent to but not directly abutting a relatively permanent non-navigable tributary. The term "dredged material" means material that is excavated or dredged from waters of the United States.

The term "fill material" means material placed in waters of the United States where the material has the effect of replacing any portion of a water of the United States with dry land or of changing the bottom elevation of any portion of a water of the United States. Examples of such fill material include, but are not limited to, rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in waters of the United States. The term "fill material" does not include trash or garbage.

(X) Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. § 1413). Section 103 of the Marine Protection, Research, and Sanctu aries Act generally regulates the transport of dredged material for the purpose of disposal in ocean waters.

Ocean waters is defined as those waters of the open seas lying seaward of the base line from which the territorial seas is measured, as defined in the Convention of the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639).

2. Limits of this authorization:

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

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

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

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

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 Item 4 above.)

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

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 C.F.R. Section 325.7 or enforcement procedures such as those contained in 33 C.F.R. Sections 326.4 and 3 26.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the Terms and Conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 C.F.R. Section 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the

ENG FORM 1721, Nov 86 6 (33 CFR pt. 325 (Appendix A)) activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

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

U.S Coast Guard (PERMITTEE) (DATE)

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

Jessica M. Vargas (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 liabilitie s associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE) (DATE)

H a r b o r Wa y

M a r e I s l a n d C s w y

AECOM Oakland CA 5/28/2020 USER Ryan.Haines PATH L:\Projects\GIS\Projects\USCG_BoatBasinDredging\02_Maps\02_Map_Production_and_Reports\BA\Vallejo\Fig2_ActionArea.mxd

FIGURE 2

Dredge Footprint

Dredge Envelope

0 200 Feet

USCG, 2019,

ESRI, 2019

United States Coast Guard USCG Station Vallejo Maintenance Dredging

M a r e I s l a n d

C s w y

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AECOM Oakland CA 4/27/2020 USER Ryan.Haines PATH L:\Projects\GIS\Projects\USCG_BoatBasinDredging\02_Maps\02_Map_Production_and_Reports\SamplingAnalysis\Vallejo\Fig2_HydrographicSurvey.mxd

FIGURE 3

2019 Bathymetric Survey

Bathymetric Contour 5 ft 1 ft A-A' Crosssection Profile Dredge Envelope Existing Dock Infrastructure

0 100

Towill, 2019, ESRI, 2019

United States Coast Guard

NOTES:

1. BATHYMETRIC DATA IS FROM A SURVEY CONDUCTED

BY DIXON MARINE SERVICES, INC.ON OCTOBER 4, 2019

AND REPRESENTS THE SEAFLOOR CONDITIONS PRESENT

ON THAT DATE.

2. HORIZONTAL DATUM IS BASED ON THE CALIFORNIA

STATE PLANE COORDINATES SYSTEM, ZONE 2 (NAD 83).

3. SOUNDINGS ARE IN FEET BELOW MLLW.

3A

STANDARD DMMO CONDITIONS TO PERMIT NUMBER 2008-00049

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

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

3. You must advise this office as per Special Condition 12, on page 3D, before you start dredging activities under the authorization of this permit.

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

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

b. Size and placement of any floating construction equipment.

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

d. Anticipated work start and completion dates.

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

POC:

Local Notice to Mariners Waterways Management Branch

PH: 510-437-2980

FAX: 510-437-5836

E-MAIL: D11LNM@uscg.mil

5. The Coast Guard Captain of the Port of San Francisco Bay may require modifications to marine const ruction equipment deployment or mooring systems to safeguard navigation while work is in progress.

6. All vessels operated for disposal of dredged material are required to participate in the Coast Guard's Vessel Traffic

Control Service (VTS). Five minutes before each departure, the permittee shall not ify the VTS by radio, v ia Channel 14, of the following: The name of vessel; time of departure from dredge site; and time of departure f rom disposal site.

7. When utilizing the Carquinez Disposal Site (SF-9), the permittee shall d ispose a ll d redged material with in a rectangular area, 1000 feet by 2000 feet, long axis bearing 050 true, and center at latitude 38°03'50"N; longitude 122°15'55"W. The specific location within the disposal area will be determined by the Dist rict Engineer upon approval of the Dredge Operation Plan (see below).

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

U.S. Army Corps of Engineers, San Francisco District Chief, Operations and Readiness Branch Attn: Melissa France 450 Golden Gate Avenue, 4th Floor, Room 1111 P.O. Box 36152 San Francisco, California 94102-3404

3B

a. Dredge Material Analysis: Submit, for approval, no earlier than 60 days prior to the proposed commencement of any authorized successive dredging episodes, dredge material analysis (Physical, Chemical, and Biological) sampling and testing information. Please include the U.S. Army Corps o f Engineers (Corps) permit number and dredge episode number with this submittal. Also submit Regional Water Quality Control Board (RWQCB) water quality certification or waiver for disposal of the material. For each dredging episode, the permittee shall obtain the approval of the District Engineer for f ormulating specific sediment testing procedures for the Dredged Material Analysis. The testing protocol will be in a ccordance with the testing guidelines as published in the Corps and U.S. Environmental Protection Agency publication entitled, "Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. - Testing Manual" (The I nland Testing Manual or ITM, EPA-823-B-98-004), dated February 1998, and subsequent amendments thereto. The permittee shall provide a copy of the Dredged Material Analysis to the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, National Marine Fisheries Service, and California Department o f Fish and Wildlife concurrent with the San Francisco Bay Conservation and Development Commission’s RWQCB’s, and the Corps' receipt of this information. Agency comments submitted to the Corps with in 15 calendar days thereafter will be given full consideration in the decision on dredged material disposal.

b. Dredge Operation Plan: Submit, for approval by this office, no earlier than 60 calendar days and no later than

20 calendar days before the proposed commencement of dredging, a plan which includes the following: Corps permit number, dredge episode number, a copy of the dredging contract or description o f the work under which the contractor will do the permitted work; name and telephone numbers of the d redging contractor's representative on site; dredging start and completion dates; names o f vessel; dump scow numbers o r identification; bin or barge capacities; identification of work as either maintenance dredging or new dredging;

discussion of proposed dredging procedures, as governed under Special Condit ion No . 11, with detailed drawings or specifications of the grid or centrifugal pump system; quantity of material to be removed; dredging design depth and typical cross section including overdepth; and date of last dredging episode and design depth.

The Dredge Operational Plan shall also provide the following information:

1) The controls being established to insure that dredging operations occur within the limits defined by the channel dimensions and typical channel sect ion. The horizon tal a nd vertical positioning systems being utilized must be indicated as noted in 3, below.

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

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

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

When your Dredge Operation Plan has been approved, you will receive a written authorization to commence with your project.

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

areas to be dredged with overdepth allowances; existing depths; estimated quantities to be dredged to the design depth; and estimated quantities to the overdepth limit. All surveys shall be signed by the permittee to certify their accuracy. Please include the Corps permit number and dredge episode number.

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

d. Solid Debris Management Plan: Submit no earlier than 60 calendar days and no later than 20 calendar days before commencement of work, a plan which describes measures to ensure that solid debris generated during

3C any authorized dredging, demolition or construction operation is retained and properly disposed in a reas not under Corps jurisdiction. At a minimum, the plan shall include the following: source and expected type o f debris; debris retrieval method; Corps permit number and dredge episode number; disposal method and site; schedule of disposal operations; and debris containment method to be used, if floatable debris is involved.

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

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

NOAA/National Ocean Service Nautical Data Branch N/CS26, SSMC3, Room 7230 1315 East-West Highway Silver Spring, Maryland 20910-3282.

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

Attn: Shelah Sweatt, DMMO 450 Golden Gate Avenue, 4th Floor, Room 1111

San Francisco, California 94102-3404;

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

10. Overflow requirements:

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

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

c. For hopper dredge only, during dredging operations, overflow shall be limited to a maximum of 15 minutes. Adjustments to the dredging operation may be required to insure that once overflow commences, it will not exceed the 15-minute limit.

d. For approved sand dredging, overflow will not exceed 15 minutes or the economic load, whichever http://www.spn.usace.army.mil/Portals/68/docs/Dredging/guidance/document2010-09-07-132110.pdf

3D occurs first.

11. The permittee shall ensure that all dredged material is slurried prior to disposal to prevent any accumulation or build up of material at the disposal site. All dredged material shall be slurried in one of the following manners:

a. Dredged material will be either pumped with a centrifugal pump prior to leaving the dredge site for the disposal site; or,

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

12. The permittee or dredge contractor shall inform this office when: 1) a dredge episode actually commences, 2) when dredging is suspended (suspension is when the dredge contractor leaves the dredge site for more than 48 hours for reasons other than equipment maintenance), 3) when dredging is restarted, and 4) when dredging is complete. Each notification should include the Corps permit number and dredge episode number. The information can be sent to the attention of Melissa France, in writing to the address below; FAXed to

(415) 503-6693; e-mailed to Melissa .M.France@usace.army.mil or via telephone message at (415) 503-6768.

Attn: Melissa France 450 Golden Gate Avenue, 4th Floor, Room 1111

San Francisco, California 94102-3404

13. The permittee, as directed by the District Engineer under authority pursuant to the policies and p rocedures o f 33 CFR 325.7, may be required to modify disposal schedules and monthly disposal quantities for particular d redging episodes.

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

15. For each dredge episode, the permittee shall be responsible for obtaining a letter of water quality certification f rom the Regional Water Control Quality Board and authorization from the San Francisco Bay Conservat ion and Development Commission (BCDC). Water quality certification and BCDC authorization will be a prerequ isite to the District Engineer's decision to approve or disapprove specific dredge episodes pursuant to the policies a nd 33 CFR 325.2(b)(1)(ii) and 325.2(b)(2)(ii).

16. If a land, ocean, or other aquatic disposal site becomes available for use during the l ife o f the permit, the permittee shall evaluate these disposal alternatives, taking into consideration cost, existing technology, and logistics in light of the overall project purpose to facilitate compliance with the 404(b)(1) Guidelines (40 CFR 230). This evaluation shall be submitted to the Corps at least 60 calendar days before commencement o f subsequent dredging episodes. The District Engineer, upon review of this information and after consultation with other resource agencies, may direct the permittee to use such sites in lieu of or in addition to the Carquinez Disposal Site (SF-9), under authority of 33 CFR 325.7 and 40 CFR 230.10(a).

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND

REQUEST FOR APPEAL

Applicant: U.S. Coast Guard, ATTN: Will Robinson File Number: 2008-00049 Date: 07/26/2021 Attached is: See Section below

INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A X PROFFERED PERMIT (Standard Permit or Letter of permission) B

PERMIT DENIAL C

APPROVED JURISDICTIONAL DETERMINATION D

PRELIMINARY JURISDICTIONAL DETERMINATION E

SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/cecw/pages/reg_materials.aspx or Corps regulations at 33 CFR Part 331.

A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.

• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.

• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.

Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.

B: PROFFERED PERMIT: You may accept or appeal the permit

• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.

• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.

C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.

• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.

• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.

http://www.usace.army.mil/cecw/pages/reg_materials.aspx

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record.

POINT OF CONTACT FOR QUESTIONS OR INFORMATION:

If you have questions regarding this decision and/or the appeal process you may contact:

Jessica M. Vargas Dredged Material Management Office Chief Operations and Readiness Division San Francisco District, U.S. Army Corps of Engineers 450 Golden Gate Avenue, 4th Floor, Room 1111 San Francisco, CA 94102-3404 Phone: (415) 503-2936 Email: Jessica.M.Vargas@usace.army.mil

If you only have questions regarding the appeal process you may also contact: Thomas J. Cavanaugh Administrative Appeal Review Officer, U.S. Army Corps of Engineers South Pacific Division 450 Golden Gate Avenue, P.O. Box 36023 San Francisco, California 94102-3406 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: Thomas.J.Cavanaugh@usace.army.mil

RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations.

Signature of appellant or agent.

Date: Telephone number:

SPD version revised December17, 2010

USCG Vallejo_1st Trans 2021

USCG Vallejo_Individual Permit 2020

Std DMMO Conditions SF09 Multi rev 11 July 2014

Appeal Form

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND

REQUEST FOR APPEAL

2021-07-26T12:51:21-0700

VARGAS.JESSICA.MARIE.1288359675

2021-08-02T15:46:38-0700

URSINO.DANIEL.RICHARD.1009303819

Path: X:\US\USPDX800-POR\ClientData\USCG - Coast Guard\336010031 - USCG Mooring Ballast Point\Vallejo\Figure 1-1 - Project Vicinity Map.mxd, USSD715014 10/12/2023

USCG Station Vallejo

1 inch = 1 miles 0 10.5 Miles °

Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c)

FIGURE 1

Project Vicinity Map

United States Coast Guard Station Vallejo Maintenance Dredging

Vallejo, California

Note:

Quadrangle ID: 38122-A3 Mare Island

FIGURE 2

Project Location Map

Path: X:\US\USPDX800-POR\ClientData\USCG - Coast Guard\336010031 - USCG Mooring Ballast Point\Vallejo\_Permit\Figure 2 - Project Location Map.mxd, USSD715014 11/17/2023

N a p a

R i v e r

Mare Island Causeway

Latitude: 38.110132 (NAD83) Longitude: -122.272297 (NAD83)

Latitude: 38.110363 (NAD83) Longitude: -122.272219 (NAD83)

Latitude: 38.110856 (NAD83) Longitude: -122.272111 (NAD83)

Latitude: 38.111235 (NAD83) Longitude: -122.271585 (NAD83)

Latitude: 38.111191 (NAD83) Longitude: -122.271329 (NAD83)

Latitude: 38.110897 (NAD83) Longitude: -122.27155 (NAD83)

Latitude: 38.110514 (NAD83) Longitude: -122.271697 (NAD83)

Latitude: 38.110215 (NAD83) Longitude: -122.271685 (NAD83)

Latitude: 38.110086 (NAD83) Longitude: -122.272025 (NAD83)

Latitude: 38.111126 (NAD83) Longitude: -122.271848 (NAD83)

Latitude: 38.110576 (NAD83) Longitude: -122.272229 (NAD83)

-15-20-25

-30

0 (MLLW)

50 (MLLW)

-1 -2 -3 -4 -5 -6 -7

°0 10050

1 inch = 100 feet

Service Layer Credits: Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

#* Existing Outfall Location Permitted Dredging Area for Long-Term Maintenance (1.5 acres) Toe of Slope

Existing Bathymetry:

Bathymetry Contour (1ft. interval, MLLW datum)

(5ft. interval, MLLW datum)

Proposed Bathymetry:

(1ft. interval, MLLW datum)

(5ft. interval, MLLW datum)

NOTE: Bathymetry data obtained from survey conducted by ETRAC LLC on 10/05/2022.

P A C I F I C O

E

80400

FEET

AutoCAD SHX Text

2:1 SLOPE

PIER

FLOATING DOCK

BOATHOUSE (PRIVATE)

BOATHOUSE (PRIVATE)

TOP OF SLOPE (EL= 0' MLLW)

DILAPIDATED FLOATING DOCK

PILING (TYP)

FLOATING DOCK

PAVED SIDEWALK/BIKEPATH

PAVED SIDEWALK/BIKEPATH

VALLEJO COAST GUARD STATION HEADQUARTERS

TOE OF

DREDGE BASE TOE OF SLOPE (EL= -10' MLLW)

PIER

RIPRAP (APPROX.)

LIMIT OF THIS SURVEY

I

U

T

D

S

R

D

G

U

O

B

CONSULTANTS

REVIEWED BY:

DATE

SHEET OF

PREPARED BY:

PROJECT MGR

TECHNICAL DIRECTOR

REVIEWED BY:

CHECKED BY:

EDITED BY:

DRAWN BY:

DESIGNED BY:

A/E PROJECT NO:

CAD FILE NAME:

SHEET TITLE:

SCALE:

PLOT SCALE:

MARK

ISSUE

DESCRIPTION

DATE

DIVISION CHIEF

APPROVED BY:

DISCIPLINE/SHT NO

PROJECT NUMBER

DRAWING NUMBER

U. S. COAST GUARD

CIVIL ENGINEERING UNIT

OAKLAND

USCG, CEU OAKLAND

1301 CLAY ST, SUITE 700N

OAKLAND, CALIFORNIA 94612

2023_USCG_STA_VALLEJO_V2.dwg

JA

1"=40'

1:1

HYDROGRAPHIC SURVEY

STATION VALLEJO

VALLEJO, CA

STATION VALLEJO

CIVIL

CONDITION SURVEY

18786997

V-101

CONDITION SURVEY

Vicinity Map

WEST

NE

SE

SW

WSW

NW

WNW

SSW

SSE

EAST

ENE

NNE

ESE

NNW

NORTH

SOUTH

Site

WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. 9177 SKY PARK COURT SAN DIEGO, CA 92123 BRICE ENGINEERING, LLC 3700 CENTERPOINT DR STE 8223 ANCHORAGE, AK 99503

NAPA RIVER

VALLEJO

CROCKETT

CARQUINEZ STRAIGHT

CARQUINEZ HEIGHTS

SCALE: 1" = 40' IF SHEET IS SMALLER THAN 22" X 34", DRAWING IS REDUCED, USE GRAPHIC SCALE.

A'

B'

MLLW: 0'

MHHW: 5.76'

MLLW: 0'

MHHW: 5.76'

2' OVERDREDGE

2' OVERDREDGE

SEAFLOOR

SEAFLOOR

DREDGE TEMPLATE

DREDGE TEMPLATE

NOTES: 1. BATHYMETRIC DATA IS FROM A SURVEY CONDUCTED BY ETRAC, LLC ON BATHYMETRIC DATA IS FROM A SURVEY CONDUCTED BY ETRAC, LLC ON OCTOBER 5, 2022 AND REPRESENTS THE SEA FLOOR CONDITIONS PRESENT ON THAT DATE. THE HYDROGRAPHIC SURVEY WAS CONDUCTED IN ACCORDANCE WITH THE METHODS AND ACCURACIES OUTLINED IN THE CORPS OF ENGINEERS' HYDROGRAPHIC SURVEYING MANUAL (EM 1110-2-1003, NOVEMBER 30, 2013).