ATTACHMENT 4 Appendix_B_160377_PNY_Pier4W_MaintDredging - SPECS.pdf

eProjects WO#: 1603077

FY20 MAINTENANCE DREDGING AT:

PIER 4 WEST

PHILADELPHIA NAVY YARD

PHILADELPHIA, PA

Appendix B: Permits james.georgo Draft

DEPARTMENT OF ENVIRONMENTAL PROTECTION

PHILIP D. MURPHY DIVISION OF LAND USE REGULATION CATHERINE R. MCCABE

Governor P.O. BOX 420 MAIL CODE 501-02A Commissioner

TRENTON, NEW JERSEY 08625

SHEILA Y. OLIVER (609) 633-6801

Lt. Governor

April 20, 2020 Department of the Navy Naval Facilities Engineering Command Mid-Atlantic Division 9324 Virginia Avenue Norfolk, VA 23511

RE: Federal Consistency Determination / Water Quality Certification File: 0000-19-0029.1 CDT200001 CDT200002 Project: Maintenance Dredging of Philadelphia Naval Yard Annex – Pier 4

Dear Department of the Navy:

The Office of Dredging and Sediment Technology (ODST) has reviewed your February 27, 2020 request for a Federal Consistency Determination / Water Quality Certification, for maintenance dredging of Pier 4 located in the Philadelphia Naval Yard Annex, acting under Section 307 of the Federal Coastal Zone Management Act (16 USC 1451 et seq.) and Section 401 of the Federal Clean Water Act (33 USC 1251 et seq.).

The proposed maintenance dredging involves the removal of approximately 146,523 cubic yards of material to a project depth of -36.8 feet mean low water (-36.8’ MLW) in ‘Area A’ and -27.8 feet below mean low water (-27.8’ MLW) in ‘Area B’, plus two feet (2’) of allowable over-dredge for all authorized areas.

Dredged material will be managed at the Weeks Marine Whites Basin dredged material management facility located in Logan Township, Gloucester County in accordance with the Acceptable Use Determination or disposed of at Biles Island located in Falls Township, Pennsylvania.

The project has been reviewed for consistency with the Rules on Coastal Zone Management, and for potential water quality impacts. The Office of Dredging and Sediment Technology hereby certifies that the subject project is consistent with the Rules on Coastal Zone Management and has determined that the project is not likely to cause a violation of New Jersey’s Surface Water Quality Standards (N.J.A.C. 7:9B-

1.1 et seq.) provided that the specific conditions noted below are met. Therefore, this determination includes the State’s Water Quality Certification pursuant to Section 401 of the federal Water Pollution Control Act (33 USC 1251 et seq.) subject to the following conditions:

PROJECT SPECIFIC CONDITIONS:

1. To minimize impacts to migrating and spawning of anadromous fish, in water work or sediment generating disturbance is prohibited from March 15 to May 31 of each year in accordance with the Delaware Basin Fish and Wildlife Management Cooperative.

DLUR File No. 0000-19-0029.1 CDT200001 CDT200002 Page 2 of 3 Philadelphia Navy Yard Annex

2. All necessary local, Federal, and other State approvals must be obtained by the applicant prior to the commencement of the authorized activities.

3. Prior to the initiation of dredging the permittee shall receive United States Army Corps of Engineering authorization for the project. A copy of said authorization shall be forwarded to this office upon receipt.

4. Placement of material at Biles Island in Falls Township, Pennsylvania is subject to separate authorizations and approvals issued by the Pennsylvania Department of Environmental Protection.

The permittee shall comply with all conditions in the March 23, 2020 letter of acceptance from Edward J. Kucowski on behalf of Waste Management Disposal Services of Pennsylvania, Inc. This letter conditionally approved placement of material from the Philadelphia Naval Yard Annex dredging project at Biles Island.

5. Dredging shall be limited to an authorized project depth of -36.8 feet mean low water (-36.8’ MLW) in ‘Area A’ and -27.8 feet below mean low water (-27.8’ MLW) in ‘Area B’, plus two feet (2’) of allowable over-dredge for all authorized areas.

6. Dredging shall occur using a closed clamshell environmental bucket.

7. The dredge shall be operated so as to control the rate of descent of the bucket so as to maximize the vertical cut of the clamshell bucket while not penetrating the sediment beyond the vertical dimension of the open bucket (i.e. overfilling the bucket). This will reduce the amount of free water in the dredged material, will avoid overfilling the bucket, and minimize the number of dredge bucket cycles needed to complete the dredging contract.

8. All barges or scows used to hold or transport dredged material or decent water shall be of solid hull construction or be sealed with concrete.

9. The discharge (i.e. “overflow”) of water from the barge/scow into which dredged material is placed is prohibited.

10. Dredged material shall be deliberately placed within barges in order to prevent spillage of material overboard. The gunwales of the dredge scows shall not be rinsed during dredging.

11. The applicant shall exercise caution and employ all reasonable controls to minimize the release of sedimentation into the adjacent waters during the dredging and deposition process.

12. Pre- and post-dredge surveys shall be performed for each dredging event. The results of these surveys and a calculation of the quantity of dredged material removed shall be submitted to the Office of Dredging and Sediment Technology within ninety (90) days of completion of each dredging event.

13. Violations of any of the conditions of this Water Quality Certificate will be considered violation of the New Jersey Water Pollution Control Act, NJSA 58:1-A-1 et seq., and subject to the penalties included therein.

ACCEPTABLE USE DETERMINATION:

1. The in-situ volume of sediment to be dredged for this maintenance dredging project is one hundred forty-six thousand five hundred and twenty-three cubic yards (146,523 yds³) based on the hydrographic survey dated September 2019.

DLUR File No. 0000-19-0029.1 CDT200001 CDT200002 Page 3 of 3 Philadelphia Navy Yard Annex

2. This permit authorizes the placement of one hundred forty-six thousand five hundred and twenty-three cubic yards (146,523 yds³) of dredged material at the Weeks Marine, Inc. Whites Rehandling Basin located in Logan Township, Gloucester County. Subsequently, the dredged material will be hydraulically pumped into one of the adjacent upland confined disposal facilities (Area 1 or Area II) for final placement. This quantity is approximated based on existing hydrographic surveys and anticipated sedimentation rates. Actual volumes will be calculated by pre- and post-dredge surveys.

3. Any alternate disposal/use location must obtain all required state, local and federal permits.

APPROVED PLANS:

The drawings hereby approved are three (3) sheets prepared by The Department of the Navy, Naval Facilities Engineering Command ~ Mid-Atlantic, signed by James S. Georgo, P.E., dated as noted, entitled:

“PHILADELPHIA NAVY YARD PHILADELPHIA, PA FY 20 MAINTENANCE DREDGING

PIER 4 WEST – PHILADELPHIA NAVY YARD”

- “TITLE SHEET,” undated, sheet 1 of 3,

- “DETAIL SHEET,” undated, last revised April 15, 2020, sheet 2 of 3,

- “PIER 4,” undated, last revised April 15, 2020, sheet 3 of 3.

This Federal Consistency is authorized pursuant to all parties following the guidelines set forth, and agreed upon, for the project. This letter of concurrence will remain valid until completion of the project or for a period of five years from the date of this letter, whichever occurs first.

Pursuant to 15 CFR 930.44, the Division reserves the right to object and request remedial action if this proposal is conducted in a manner, or is having an effect on, the coastal zone that is substantially different than originally proposed.

Please contact Katherine Todoroff of my staff with any questions regarding this permit action via email at Katherine.Todoroff@dep.nj.gov, or by phone at (609) 633-9261. Please reference the above file number.

Sincerely, Suzanne U. Biggins Office of Dredging & Sediment Technology

Division of Land Use Regulation

Original sent to agent to record c: Permittee mailto:Katherine.Todoroff@dep.nj.gov

DEPARTMENT OF ENVIRONMENTAL PROTECTION

PHILIP D. MURPHY DIVISION OF LAND USE REGULATION CATHERINE R. MCCABE

Governor P.O. BOX 420 MAIL CODE 501-02A Commissioner

TRENTON, NEW JERSEY 08625

SHEILA Y. OLIVER (609) 633-6801

Lt. Governor

April 30, 2020

Peggy Derrick EA Engineering, Science and Technology, Inc., PBC 225 Schilling Circle, Suite 400 Hunt Valley, MD 21031

Re: Administrative Modification of Federal Consistency Determination / Water Quality Certificate

File No.: 0000-19-0029.1 CDT200001 CDT200002 Project: Philadelphia Naval Yard Annex – Pier 4

Dear Ms. Derrick:

This letter is forwarded in response to a request received on April 27, 2020, to modify the above referenced permit issued by the Division on April 20, 2020, which authorized maintenance dredging of Pier 4 located in the Philadelphia Naval Yard Annex. Specifically, the request is to amend Project Specific Condition No. 6 to allow for the use of a conventional clamshell bucket, hard-digging bucket, or similar, to remove debris or stiff clay that has been encountered in the berthing area.

The condition is hereby amended as follows:

PROJECT SPECIFIC CONDITIONS:

1. The sediments from this project shall be removed using a closed clamshell environment bucket.

However, material may be removed with a conventional clamshell bucket, hard-digging bucket, or similar, in areas where the closed clamshell environmental bucket has reached refusal due to the presence of debris or stiff clay. Once the debris or hard material has been removed, the use of the closed clamshell environmental bucket shall resume.

Please attach this letter to the original permit. Please be advised that all other conditions of permit No.

0000-19-0029.1 CDT200001 CDT200002, remain in full force and effect.

Please contact Katherine Todoroff with any questions regarding this permit action via email at Katherine.Todoroff@dep.nj.gov, or by phone at (609) 633-9261. Please reference the above file number.

Sincerely, Suzanne U. Biggins Office of Dredging and Sediment Technology

Division of Land Use Regulation

Original Sent to Agent to record mailto:Katherine.Todoroff@dep.nj.gov