1788443_Appendix B_Permits.pdf

Appendix B: Permits jsgeorgo@jsgdc.com Typewritten text Naval Station Norfolk FY 25 Maintenance Dredging and FY 26 Hydroid Net Maintenance jsgeorgo@jsgdc.com Draft james.georgo Typewritten Text eProject No. 1788443

DEPARTMENT OF THE ARMY

US ARMY CORPS OF ENGINEERS

NORFOLK DISTRICT

FORT NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1011

SUBJECT: Final Section 408 Permission for Section 408 Request ID Number 408-NAO- 2022-0082 and DA Application Number DA Application No. NAO-2010-00809 for the Naval Station Norfolk Maintenance Dredging Project

Naval Station Norfolk CAPT Janet H. Days CO 1530 Gilbert St. Bldg. N26 Norfolk, VA 23511

Dear Captain Days:

The U.S. Army Corps of Engineers, Norfolk District (USACE) has completed the review of the U.S. Navy’s (Navy) request to perform maintenance dredging at Naval Station Norfolk (NSN) on the Elizabeth River and Willoughby Bay in Norfolk, Virginia. This project includes two activities: (1) maintenance dredging throughout the installation and (2) ocean and/or upland disposal of the dredged material. The Navy plans to dredge the entire waterfront pier area at NSN and the new Pier 11S berth expansion area, CEP-111 bulkhead area, small boat channel, LAG marina, and V-50 basin; and estimates that 7.7 million cubic yards (CY) of material will be dredged from a 340-acre area during a 10-year maintenance period that will allow for and include several dredged material placement options because the maintenance dredging will be done in phases. These options are ocean placement at the Norfolk Ocean Disposal Site (NODS), pipeline placement into the upland cells at the Craney Island Dredged Material Management Area (CIDMMA), disposal at another approved upland site, or a combination of these alternatives.

The Norfolk Harbor Reach of the Norfolk Harbor and Channels Federal Navigation Project (Sewells Point to Lamberts Bend) and the Craney Island Dredged Material Management Area (CIDMMA) Federal Project (federal project), which are operated and maintained by the U.S. Army Corps of Engineers, Norfolk District may be altered by the proposed activities. Pursuant to Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408 (Section 408), you must obtain approval to alter these USACE Civil Works projects (USACE projects). This evaluation was performed consistent with Engineer Circular (EC) 1165-2-220, dated 10 September 2018.

The Norfolk District Regulatory Branch is concurrently processing a Department of the Army (DA) permit application (DA Application No. NAO-2010-00809) for authorization pursuant to Section 10 of the Rivers and Harbors Act (RHA) (33 U.S.C. § 403), Section

October 2, 2023

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404 of the Clean Water Act (33 U.S.C. § 1344) ), and Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) via a DA standard permit.

Based on this Section 408 evaluation and subject to the final DA permit authorization, the Norfolk District grants permission to alter the USACE project, as specified in your request and subject to compliance with the project specific special terms and conditions below and standard terms and conditions, as specified in EC Appendix K, enclosed. These conditions ensure the alteration is not injurious to the public interest; does not impair the usefulness of the USACE project; and/or are included for environmental compliance purposes.

Project Specific Special Conditions:

a. You must conduct pre-dredging and post-dredging surveys of the portion of the federal navigation channel adjacent to the permitted dredge footprint to a level necessary to determine whether any of the sediment disturbed by the permitted dredging activity has migrated into the Norfolk Harbor Reach of the Norfolk Harbor and Channels Federal Navigation Project. All surveys must be conducted by a professional engineer or surveyor licensed in the Commonwealth of Virginia within 45 days of the commencement and completion of dredging. Copies of the surveys must be provided to Mr. Michael Anderson, Chief, Design Section, Operations Branch as soon as practicable after each survey is performed. If it is determined that the permitted dredging activity has substantially impacted the federal navigation channel, you must remove all migrated sediment from the federal project if directed by the Norfolk District. A digital copy of the surveys can be submitted via email to Michael.L.Anderson@usace.army.mil and copied to the project manager, Katy Damico, at Katy.R.Damico@usace.army.mil and nao.section408@usace.army.mil.

b. You must ensure that you or your contractor performs all work in such a manner that the dredge plant and associated equipment encroaches or obstructs the federal navigation channel to the minimum extent possible. If the contractor’s equipment does obstruct the channel and makes it difficult for or endangers the safe passage of vessels, the equipment must be promptly moved on the approach of any vessels to such an extent as may be necessary to afford a safe passage.

c. You are approved to place the referenced dredged material at the Craney Island Dredged Material Management Area (CIDMMA). However, final authorization for placement will be based upon current capacity limitations and sediment evaluation for CIDMMA suitability, if required and as described below.

1) The use of CIDMMA is currently under capacity limitations and extended notification periods will be required for use due to prioritization of inflows and dredging work as noted in the 25 January 2023 public notice (https://www.nao.usace.army.mil/Media/Public-Notices/Article/3276923/craney-island-dredged-material-management-area-potential-impacts-on-future-depo/). As stated in the

-3-public notice, you must begin coordination with the Norfolk District Operations Branch a minimum of 60 days in advance of planned dredging for projects under 100,000 CY, one year in advance for projects between 100,000-500,000 CY, and two years for projects over 500,000 CY to determine likely timeframes for future acceptance of material, although deferrals of acceptance of deposits are expected to be much longer than these timeframes in many cases.

2) You must coordinate with the Norfolk District Operations Branch prior to the initial authorized dredging cycle and each subsequent maintenance dredging cycle and provide an initial “Tier I Evaluation” of the proposed sediment to be dredged per the Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. – Testing Manual (Inland Testing Manual) for review. The Norfolk District Operations Branch will determine if additional testing, i.e., Tier II, III, or IV, of the sediment to be dredged is required to evaluate suitability for use of the CIDMMA. If additional testing is required, a sampling and analysis plan must be submitted to the Norfolk District Operations Branch for approval. Testing results must be submitted to and approved by the Norfolk District Operations Branch prior to dredging and placement in the CIDMMA. These sediment evaluations of dredged material for disposal at CIDMMA will follow the guidance in the Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. – Testing Manual (Inland Testing Manual) dated February 1998, or the most current version, which can be downloaded from the Environmental Protection Agency website:

https://www.epa.gov/cwa-404/inland-testing-manual-under-cwa-section-404. You must obtain final approval from the Norfolk District Operations Branch for the use of CIDMMA for each dredge placement event. Sediment testing coordination can be initiated with the Norfolk District Operations Branch Section 408 Coordinator via email at nao.section408@usace.army.mil.

3) You must complete and submit the NAO Form 66 Deposit of Dredged Material into Craney Island, per the instructions and timeframes indicated on the form, prior to depositing dredged material into the CIDMMA and wait for final authorization. The final authorization will not be valid until you receive a signed NAO Form 66 with a project specific deposit number from the Norfolk District Operations Branch.

4) You, as the permitted user of CIDMMA, and all associated dredged material placement operations must comply with current version of the U.S. Army Corps of Engineers, Norfolk District, Commander’s Policy Memorandum Number WRD-01, Deposition of Dredged Material and use of the Craney Island Dredged Material Management Area, Norfolk Harbor, Virginia.

5) You are required to pay toll charges for use of the CIDMMA. It is your responsibility to ensure that the Corps receives the appropriate payment of the toll charges. Please contact our Operations Support Section at (757) 201-7017 to obtain current conditions, toll rates at CIDMMA, and instructions on how to pay the required toll charges.

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6) You, or your prime contractor performing the dredging project, must obtain a Department of the Army License from the Norfolk District Real Estate Office prior to the commencement of any work which would utilize the CIDMMA. The Permittee or the Prime Contractor should contact the Norfolk District Real Estate Acquisition, Management, and Disposal Section at (757) 201-7739 for further information regarding the required Department of the Army License. Due to long processing times, it is recommended that you initiate this request with the Norfolk District Real Estate Office at the same time the NAO Form 66 is submitted for final authorization.

7) If the CIDMMA becomes unavailable for use as a dredged material placement area during the duration of this Section 408 permission and associated DA permit authorization (DA Permit No. NAO-2002-03818), you will be responsible for finding an alternate placement area and having it approved, if required, by the Norfolk District Regulatory Branch if the alternative is not covered in the current permit authorization.

d. Upon notification by the Norfolk District of any upcoming surveying and/or maintenance activities, you must remove any vessels, equipment, and other items or obstructions, located within 100 feet of the federal navigation channel, within 5 calendar days of notification, and must keep the area clear until notified that the survey and/or maintenance activities have been completed. Please contact the Norfolk District Operations Branch Section 408 Coordinator via email at nao.section408@usace.army.mil if additional time is required to clear the area.

e. This activity may interfere with marine traffic in the federal navigation channel therefore you must coordinate those activities with the US Coast Guard - Sector Virginia (USCG) via email at VirginiaWaterways@uscg.mil or via telephone at (757) 668-5580 a minimum of 45 days prior to commencement of work, so that those activities that may impact navigation can be included in the Local Notice to Mariners.

For any questions regarding this Section 408 permission decision, please contact Katy Damico, Section 408 Team Lead, Operations Branch, via email at nao.section408@usace.army.mil or via telephone at (757) 201-7670.

Sincerely, Keith B. Lockwood Chief, Water Resources Division

Enclosures

ENCLOSURE

Section 408 Permission Standard Terms and Conditions

Pursuant to Engineer Circular 1165-2-220 (10 September 2018), Appendix K, the following standard conditions must be included in all Section 408 approval notifications (i.e., permissions). The Requester is responsible for compliance with these standard terms and conditions in addition to any project specific special conditions specified in the Section 408 permission letter, above, or be subject to potential enforcement action.

LIMITS OF THE AUTHORIZATION

1. This permission only authorizes you, the requester, to undertake the activity described herein under the authority provided in Section 14 of the Rivers and Harbors Act of 1899, as amended (33 USC 408). This permission does not obviate the need to obtain other federal, state, or local authorizations required by law. This permission does not grant any property rights or exclusive privileges, and you must have appropriate real estate instruments in place prior to construction and/or installation.

2. The time limit for completing the work authorized ends on the expiration date of the associated Department of the Army permit authorization (DA Application No. NAO- 2010-00809). 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.

3. Without prior written approval of the USACE, you must neither transfer nor assign this permission nor sublet the premises or any part thereof, nor grant any interest, privilege, or license whatsoever in connection with this permission. Failure to comply with this condition will constitute noncompliance for which the permission may be revoked immediately by USACE.

4. The requester understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration of the work herein authorized, or if, in the opinion of the Secretary of the Army or an authorized representative, said work will cause unreasonable conditions and/or obstruction of USACE project authorized design, the requester will be required upon due notice from the USACE, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim can be made against the United States on account of any such removal or alteration.

INDEMNIFICATION AND HOLD HARMLESS

1. The United States will in no case be liable for:

a. any damage or injury to the structures or work authorized by this permission that may be caused or result from future operations undertaken by the United States, and no claim or right to compensation will accrue from any damage; or

b. damage claims associated with any future modification, suspension, or revocation of this permission.

2. The United States will not be responsible for damages or injuries which may arise from or be incident to the construction, maintenance, and use of the project requested by you, nor for damages to the property or injuries to your officers, agents, servants, or employees, or others who may be on your premises or project work areas or the federal project(s) rights-of-way. By accepting this permission, you hereby agree to fully defend, indemnify, and hold harmless the United States and USACE from any and all such claims, subject to any limitations in law.

3. Any damage to the water resources development project or other portions of any federal project(s) resulting from your activities must be repaired at your expense.

REEVALUATION OF PERMISSION

1. The determination that the activity authorized by this permission would not impair the usefulness of the federal project and would not be injurious to the public interest was made in reliance on the information you provided.

2. This office, at its sole discretion, may reevaluate its decision to issue this permission at any time circumstances warrant, which may result in a determination that it is appropriate or necessary to modify or revoke this permission. 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 permission;

b. the information provided in support of your application for permission proves to have been inaccurate or incomplete; or

c. significant new information surfaces which this office did not consider in reaching the original decision that the activity would not impair the usefulness of the water resources development project and would not be injurious to the public interest.

CONDUCT OF WORK UNDER THIS PERMISSION

1. You are responsible for implementing any requirements for mitigation, reasonable and prudent alternatives, or other conditions or requirements imposed as a result of environmental compliance.

2. Work/usage allowed under this permission must proceed in a manner that avoids interference with the inspection, operation, and maintenance of the federal project.

3. In the event of any deficiency in the design or construction of the requested activity, you are solely responsible for taking remedial action to correct the deficiency.

4. The right is reserved to the USACE to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes, to make inspections, to operate and/or to make any other use of the lands as may be necessary in connection with government purposes, and you will have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof.

5. You must provide copies of pertinent design, construction, and/or usage submittals/documents. USACE may request that survey and photographic documentation of the alteration work and the impacted project area be provided before, during, and after construction and/or installation.

6. You may be required to perform an inspection of the federal project with the USACE, prior to your use of the structure, to document existing conditions.

7. USACE shall not be responsible for the technical sufficiency of the alteration design nor for the construction and/or installation work.

1. This form is to be filled out by the permittee and returned to the U.S. Army Corps of Engineers prior to each deposit of dredged material into the Craney Island Dredged Material Area or the Craney Island Rehandling Basin. The Norfolk District limits the annual amount of dredged material pumped into Craney Island to approximately 5 mcy per year.

2. Return this form to: Norfolk District Corps of Engineers

ATTN: CENAO-WRO-O

803 Front Street Norfolk, Virginia 23510-1011

Email: DLL-CENAO-WRO-CRANEYDEPOSITS@usace.army.mil

3. This form must be filled out each time dredging operations occur for the duration of the permit and submitted:

a) 60 days in advance for projects under 100,000 cy

b) 1 year in advance for projects greater than 100,000 cy and less than 500,000 cy

c) 2 years in advance for projects greater than 500,000 cy.

4. Refer to the current version of the Army Corps of Engineers, Norfolk District, Commander’s Policy Memorandum Number WRD-01, "Deposition of Dredged Material and use of the Craney Island Dredged Material Management Area, Norfolk Harbor, Virginia" for additional conditions.

DEPOSIT OF DREDGED MATERIAL INTO CRANEY ISLAND

NAO FM 66 (December 2016)

Late charges will be applied to all overdue payments at a percentage based on the current funds available to the U.S.

Treasury. The charges will be applied for each 30-day period the account is overdue. Failure to comply with the Special Conditions of the permit could justify having the permit revoked by the District Engineer. It is the responsibility of the permittee to notify the Corps of Engineers when current dredging is completed.

Permittee Name, Address, and Phone Number Contractor, Address, and Phone Number Permit Number

Survey Performed By

Description of Work

Permit Date

Deposit Number

W91236-

Date Permit Expires

Direct Pump Rehandling Basin

Estimated Quantity to Be Deposited Estimated Dredging Period

From: To:

Signature of Permittee: Date:

Type of Material

Corps Acceptance for Deposit: Date:

New Work Maintenance

Location of Deposit

Cubic Yards

Dredge and/or Tug Name

408-NAO-2022-0082 - SECTION 408 PERMISSION - ENCLOSURE

CENAO-EX OCT 3 1 2013

COMMANDER'S POLICY MEMORANDUM NUMBER WRD-01

SUBJECT: Deposition of Dredged Material and use of the Craney Island Dredged Material Management Area, Norfolk Harbor, Virginia

1. References:

a. River and Harbor Act of 24 July 1946.

b. River and Harbor Act of 3 March 1899, Section 14.

c. 33 USC 408.

d. Technical Report, EL 81 - 11, Development of a Management Plan for Craney Island Disposal Area, dated December 1981.

e. Engineer Manual, EM 385-1-1, U.S. Army Corps of Engineers, Safety and Health Requirements Manual, dated 15 September 2008.

f. EPNUSACE, 1998, Evaluation of dredged material proposed for discharge in waters of the U.S. - Testing Manual. EPA-823-B-98-004, Washington, DC.

g. U.S. Army Corps of Engineers, 2003, "Evaluation of dredged material proposed for disposal at island, nearshore, or upland confined disposal facilities - Testing Manual," Technical Report ERDC/EL TR-03-1, U.S. Army Engineer Research and Development Center, Vicksburg, MS.

2. Purpose: To prescribe and govern the use of the United States Government Property at the Craney Island Dredged Material Management Area (CIDMMA) for the purposes set forth in the River and Harbor Act of 24 July 1946 and Secttion 14 of the River and Harbor Act of 3 March 1899 and 33 United States Code 408.

3. Description of the United States Government Property and Facilities:

a. General .Description: The CIDMMA is comprised of a dredged material placement area approximately 2,500 acres in size, the adjacent waters extending approximately 1,000 feet from the shoreline, a rehandling basin with access channels extending to the Norfolk Harbor Channel, a berthing area with a sheet-pile bulkhead facility and access channel, armor stone breakwaters, concrete rubble shore protection, approximately twelve miles of paved and un-paved roads, administrative office building, mechanic shop, engineer equipment storage building, and other storage and maintenance facilities.

b. Confined Dredged Material Placement Area: The confined dredged material placement area is a trapezoidal area covering approximately 2,500 acres. The site is enclosed by a perimeter dike and divided into three sub-containment areas by two division roads/dikes. Each sub containment cell is provided with two primary spillways located near the west dike, each having four 36-inch discharge pipes. The spillways are regulated by use of stop-log weir boards that are manually placed in the spillway.

CENAO-EX

SUBJECT: Deposition of Dredged Material into the Craney Island Dredged Material Management Area, Norfolk Harbor, Virginia

c. Rehandling Basin and Appurtenances: The rehandling basin and its appurtenances are located to the east of the placement area. The basin is 1,100 feet by 1,400 feet and 40 feet deep when empty. The basin is for the deposit of dredged material from dump scows. It is connected to Norfolk Harbor 50-foot channel by diagonal approach and exit channels normally 200 feet wide and 18 feet deep, which are marked by centerline visual ranges.

d. Berthing Area and Bulkhead Facilities: A steel sheet pile bulkhead provides berthing space approximately 300 feet long parallel at the west end of the rehandling basin. A dredged channel with minimum depth of 7 feet, 60 feet wide flared to 300 feet at the bulkhead, marked by a centerline visual range, connects with the northwesterly corner of the rehandling basin. This facility is for Government use only, unless otherwise approved by the Chief, Craney Island Project Office.

4. General Policies for Use of the Craney Island Dredged Material Management Area:

a. Authorized Users: The CIDMMA is for the use of all private interests, municipalities and Government agencies accomplishing dredging to support navigation in Norfolk Harbor and adjacent waters. It is intended for the deposit of navigation material dredged from those areas in accordance with House Document No. 563 of the 79th Congress as enacted by the River and Harbor Act of 1946. Navigation-related dredged material is defined as bottom sediments or materials that have been dredged or excavated from the maintenance or construction of navigation channels, anchorages, port facil ities including access channels, berths, wharves, piers, docks, or other navigation improvements that support water-borne commerce or national defense. The discharge of dredged material that is dredged or excavated for the purpose of improvement of water power, flood control, municipal and industrial water supply, abatement of pollution, irrigation, wildlife, recreation, or materials from upland areas will not be permitted. Material dredged for non-navigation related transportation projects (i.e. bridges, tunnels, etc.) will not be accepted unless the material is clean and of a quality needed at CIDMMA for dike construction.

b. Required Permits, Certificates, and Licenses:

(1) Regulatory Permits and Certificates: Each dredging and placement job shall be previously authorized by a Department of the Army permit granted by the District Commander.

Water quality certification will be obtained from the Commonwealth of Virginia, Department of Environmental Quality (DEQ) for Corps of Engineers Federal navigation projects, certifying that the projects are in compliance with Section 401 of the Clean Water Act (CWA). Non-Corps projects must have both a Water Quality Certification from the DEQ and a Corps Section 404 or Section I 0 permit as appropriate. Possession of a permit does not constitute permission to use the CIDMMA (see paragraph (3) below regarding NAO Form 66).

(2) Department of the Army Real Estate License: Prior to using any of the upland Government property or facilities, the permittee or its designated contractor must obtain a Department of the Army Real Estate License for the use of the CIDMMA Government property.

If a contractor is performing the work on behalf of the· permittee, the contractor must obtain the Department of the Army Real Estate License and be fully responsible for compliance with all conditions set forth in the license. Use of the Craney Island Rehandling Basin does not require a real estate license.

Management Area, Norfolk Harbor, Virginia

(3) NAO Form 66: The permittee shall request to use the CIDMMA in writing with submission of NAO Form 66 which is included with issuance of the Corps permit. Furthermore, the user shall request a pre-work meeting with the Chief, Craney Island Project Office. The user may not proceed with any activities on the Government property prior to fulfill ing all the conditions specified and directed in this regulation.

c. Toll Charges for the Use of the CIDMMA: Pursuant to requirement of the Federal legislation which authorized construction of the Craney Island placement area and facilities, the party or parties, including Government agencies, accomplishing placement shall pay an equitable unit toll charge for each cubic yard of material deposited in the rehandling basin or in the placement area. Copies of all records of scow measurement, before and after dredging surveys, all records of scow measurement, and computations, shall be furnished to the District Commander. Before and after dredge surveys will be required on all projects; scow measurements will only be accepted on a case-by-case basis on smaller dredging projects. The rates are established by the Operations Branch and approved by Headquarters at amounts which will cover amortization of the facilities used, plus operations, maintenance, and rehandling costs. If changes in the rates become necessary during the life of the permit, the permittee will be notified of the changes and the effective date thereof. In addition to the payment of tolls, the permittee shall pay the Government the actual cost of supervision and inspection and placement as provided in the permit issued for the work.

d. Government Facilities: The equipment, buildings, and facilities located on the U.S.

Government property are for Government use only. The user is responsible for furnishing any and all equipment, utilities, or other items necessary for operations on the Government Property.

e. Security, Gate Access, and Motor Vehicles:

(1) The CIDMMA is a secure Government facility and the user will be issued sufficient entry key cards for access to the contractor electric gate. The user is responsible for establishing and maintaining a key lock box at the entry gate and instructing all of the contractor's employees and vendors on the use of the lock box and the correct access procedures. The user is responsible for ensuring only authorized employees and vendors are given access to the premises. The contractor is responsible for maintaining a current roster of authorized employees and vendors that are granted access.

(2) The user is responsible for ensuring that all motor vehicles operated by the contractor, the contractor's employees and/or vendors have at least the minimum liability insurance required by the Commonwealth of Virginia or the state in which the vehicle is registered, which ever is greater.

(3) The user shall ensure that the contractor's employees and/or vendors have a valid picture identification issued by a state or Federal agency on their person at all times when on the premises.

Management Area, Norfolk Harbor, Virginia

f. Safety and Accident Prevention and Reporting:

(1) The user shall take such action as may be just, reasonable and necessary for the protection of his employees, vendors, and others while engaged in operations within the premises.

This will specifically include adopting recognized safe practices, supplying and maintaining equipment in safe operating condition, all nece·ssary personal protective equipment, proper guarding of all hazardous equipment and compliance with all pertinent safety regulations.

(2) The user will ensure compliance with the provisions of this clause by sub-contractors and vendors.

(3) The user will comply with the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 3 85-1-1 ).

( 4) The user will submit timely accident reports to the Chief, Craney Island Project Office, in accordance with the current Norfolk District accident reporting policies.

g. Condition of the Craney Island Dredged Material Management Area: The user acknowledges that it has inspected the Government property, knows its condition, and understands the same is granted for use without any representations or warranties whatsoever and without any obligation on the part of the United States.

h. Protection of Government Property: The user shall keep the premises in good order and in a clean, safe condition by and at the expense of the permittee. The user shall be responsible for any damage that may be caused to the property of the United States by the activities of the grantee under this license, and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States, including but not limited to, dikes, roads, drainage facilities, erosion and sediment control measures, bulkhead facilities, and vegetation, damaged or destroyed by the user, incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the user to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefore by the user in an amount necessary to restore or replace the property to a condition satisfactory to said officer.

i. Restoration of Government Property: On or before the date of the expiration of the permit, or immediately upon completion of the dredging project for which the license was issued, or termination by the permittee, the user shall vacate the premises, remove the property of the user, including but not limited to dredge pipeline, pontoons, waste containers, equipment of every type, sheds, containers, and other property, and restore the premises to a condition satisfactory to said officer. If, however, the permit is revoked, the user shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, ifthe user shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become property of the United States with compensation thereof, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created or made on account of such removal and restoration work. The user shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation or termination of this license in restoring the premises.

Management Area, Norfolk Harbor, Virginia j . Sediment and Erosion Control: The user shall employ all appropriate sediment and erosion control measures for all disturbed land as set forth in the most current edition of the Virginia Erosion and Sediment Control Handbook. The user shall provide oversight of all land disturbing activities and have at least one currently certified "Erosion and Sediment Control Responsible Land Disturber." The user shall maintain such inspection reports and documentation as set forth in the Virginia Erosion and Sediment Control Law and Regulations.

k. Waste Management and Control: The user shall employ sufficient commercial-type waste containers to accommodate all waste generated by his operations. Such containers shall be emptied as they become filled. The storage or containment of any type of hazardous materials on the Government property is specifically prohibited. Hazardous waste should be removed from the site immediately.

I. Spill Prevention and Cleanup: The user shall have a spill prevention control and countermeasure plan plus sufficient spill cleanup provisions to respond to any spill incidental to their operations. The user should have the minimum fuels, lubricants, and other materials needed to perfonn their operation. All liquids shall be provided with secondary containment in accordance with EM 385-1-1. Any spills should be immediately cleaned up, placed in suitable containers, removed from the Government property, and reported to the Chief, Craney Island Project Office.

m. Environmental Compliance and Protection:

(1) The user shall comply with any laws, regulations, conditions or instructions affecting the activity on the Government property, if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal or storage of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency, are applicable to the use of this Government property. The user shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance.

(2) Discharge of Water from the Primary Spillways: The pennittee or contactor shall operate the primary spillway of the designated containment area in accordance with the conditions of the Corps of Engineers pennit and in full compliance with this regulation. In the event that the user is unable to meet all of the aforesaid conditions, he must immediately suspend the placement of dredged material in the designated containment area and take all necessary and prudent actions to restore the discharge of water to the conditions specified in the permit and regulation. The contractor shall manage the discharge of water from the dredging project until such time as the water levels in the containment area are returned to the pre-dredging condition, unless the Facility Manager releases the contractor from this requErement.

(3) Protection of Endangered and Threatened Species: The user shall observe the premises to determine the presence of endangered, threatened, and protected species, nesting areas, and/or areas marked with bird restriction signs. If any such species are observed or if any areas are so

Management Area, Norfolk Harbor, Virginia marked with signs, the user will take every action to avoid the area and advise all personnel under his charge of the presence of the endangered, threatened, or protected species.

n. Historic Preservation: The user shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the user shall immediately notify the Chief, Craney Island Project Office, and protect the site and the material from further disturbance until given clearance to proceed.

5. Procedures for Placing Dredged Material in the CIDMMA:

a. General Procedures:

(1) The use and operation of the CIDMMA shall be in accordance with procedures and practices described in this regulation. In general, dredged material may be placed at the CIDMMA using the following methods: direct placement by pipeline from use of a hydraulic dredge, direct placement by hydraulic pipeline from a barge re-handler pump, bottom dumped by scow/barge in the re-handling basin, and off-loaded into the re-handling basin from a scow/barge using a clamshell or other mechanical unloading method. The method used shall be in full compliance with conditions of the permit. Dredged material shall not be transported to the CIDMMA by truck or other conveyance over public highways.

(2) Character of Dredged Material: The character of dredged material to be placed at the CIDMMA shall meet all requirements under the CW A and shall be acceptable to the District Commander. Discharges that violate applicable water quality standards are prohibited. The District Commander may require the permittee to test material being placed for contaminants in accordance with the EPA document EPA-823-B-98-004, dated February 1998, "Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. -Testing Manual" and USACE document ERDC/EL TR-03-1, dated January 2003, "Evaluation of dredged material proposed for disposal at island, nearshore, or upland confined disposal facilities - Testing Manual." These manuals are commonly referred to as the Inland Testing Manual (ITM) and Upland Testing Manual (UTM), respectively. The ITM and UTM contains technical guidance for determining the potential for contaminant-related impacts associated with the discharge of dredged material and procedures to evaluate impacts from potential contaminant migration pathways from confined placement of dredged material. The need for testing will be determined on a project-specific basis based on the materials potential to be contaminated and considering available existing information to make a preliminary determination. Sampling and testing plans and results shall be coordinated with the Norfolk District Regulatory and Operations Branches prior to commencement of dredging and placement operations.

Determinations of dredged material suitability will be made based on application of legal standards under Section 404 of the CW A and consideration of contaminant-related impacts to human health and facility operations. The discharge of petroleum-impacted dredged materials greater than 500 ppm Total Petroleum Hydrocarbon (TPH) is not permitted at CIDMMA. The user is responsible for placing only dredged material that meets CWA and facility requirements. The users will be required to remove any "unsuitable" or prohibited materials from the placement area at their own costs.

Management Area, Norfolk Harbor, Virginia

(3) Quantity Measurement: Quantities of material dredged and placed in the Craney Island Rehandling Basin and/or the Craney Island Placement Area will be furnished by the permittee. Before and after dredging hydrographic surveys and yardage calculations shall be performed and certified by an independent professional engineer or land surveyor licensed in the Commonwealth of Virginia. For local survey and tidal datum information, the permittee can contact the Norfolk District Navigation and Survey Section at (757) 201-7125. All survey maps and calculations will conform to recognized professional standards and be sent to the District Commander.

( 4) Pipeline Operations: The use of shore pipe shall be kept to the minimum necessary to discharge the dredged material in the assigned confined placement area. Dredge pipelines shall be brought ashore at the closest point practicable to the assigned placement area. The assembly, mobilization, repair or other work to floating or submerged pipeline is not permitted on the CIDMMA. The user shall submit a sketch of the proposed shore pipe route to the Chief, Craney Island Project Office, for review and approval. The pipeline route for shore pipe shall be inspected and photographed prior to beginning work and shall be restored to the pre-work conditions upon completion of dredging operations. Any land disturbing activities associated with the placement and movement of shore pipe shall be managed in accordance with procedures and practices shown in the Virginia Erosion and Sediment Control Handbook and Paragraph 4.j. of this regulation.

(5) Pipeline Road Crossings: Unless otherwise directed by the Chief, Craney Island Project Office, all pipeline road crossings will be constructed as follows: the pipeline shall be placed in a trench excavated to a depth sufficient to place the pipeline below the finish grade of the road and the trench shall be backfilled, compacted and graded to the finish grade of the road. Immediately upon completion of dredging and placement operations, the pipeline shall be removed, the trench backfilled, compacted, and graded to the finish grade of the road.

Material excavated from the trench shall be neatly stockpiled adjacent to the road crossing to be used for backfill when the pipeline is removed. A temporary by-pass road may be required during the construction of the road crossing. The user is responsible for all work necessary to construct and remove the road crossing, including any necessary traffic control measures, by pass roads, or other necessary features, and the costs thereof. Any land disturbed during the construction of a road crossing shall be managed in accordance procedures and practices shown in the Virginia Erosion and Sediment Control Handbook.

b. Confined Dredged Material Placement Procedures:

(1) General Procedures: The three sub-containment cells of the confined dredged material management area shall receive material by direct pump-out method from hopper dredges, barge rehandling units, and material deposited by hydraulic pipeline dredge directly from work sites or from the rehandling basin. The user will ensure that the assigned containment cell and spillways are used in accordance with the procedures and conditions described below and that the dredging operations will be suspended whenever the conditions and limits shown are exceeded.

(2) Water Quality Sampling and Testing: Testing of the water quality will be in

Management Area, Norfolk Harbor, Virginia compliance with the contract or permit; the user will be responsible for performing all required testing. It is the user's responsibility to operate the spillways in a manner which helps achieve the goal of releasing only clarified supernatant (water) from the spillways into the receiving waters. In addition to any testing required under Federal and Commonwealth of Virginia permits, users of the placement area shall visually check the effluent a minimum of six times per day at each operating spillway, approximately once every 4 hours. If at any time it is visually apparent that effluent other than clarified water is being released from CIDMMA, the user shall sample the effluent total suspended solids (TSS) and then the user shall take immediate action at that spillway to reduce the amount of suspended solids in the effluent by increasing the retention time. The release of effluent from the spillway can resume after there is a sufficient depth of clarified ponded water in front of the spillway. TSS samples shall be taken as often as required by the permit, but at least twice daily at the weir crest of each operating spillway, once approximately every 12 hours. The user must maintain a daily average TSS concentration of less than 500 mg/1. The daily average shall be calculated for each 24 hour period, noon to noon. The 'less than' 500 mg/l TSS concentration is a threshold limit and is not a TSS target or goal. The target or goal is to release only clarified water from the spillways. If the daily average effluent TSS concentration is 500 mg/I or greater, the user must immediately contact the Chief, Craney Island Project Office, and cease inflow into and outflow from CIDMMA.

(3) Measurement of TSS Concentration: The TSS concentration of the effluent shall be determined by a photometric method using a Hach, 850/DR Colorimeter, model #48450-00, program 94 "Suspended Solids", or an approved equal. Effluent water samples shall be taken with a l ,000 ml wide-mouth polyethylene bottle (Nalgene 2104-0032 or equal). The specified equipment provides for real time measurement ofTSS concentration; therefore, the user shall perform the TSS measurement in the field immediately after each effluent sampling is accomplished.

( 4) Records and Reports: The user shall enter the results daily of all visual monitoring and results of all effluent water quality sampling into a web-based electronic reporting system maintained by the Norfolk District. The user will be issued a distinct username and password to access and enter data into the electronic reporting system. Hard copy records of visual monitoring and results of all effluent water quality sampling shall be documented and provided daily to the Chief, Craney Island Project Office. These records shall be retained by the Craney Island Project Office for a minimum of 2 years; however, maintenance of these records is the ultimate responsibility of the permittee. At a minimum, the following information shall be documented:

date and time, test location, flow state (flow I no-flow over weir), test result, action taken, and name of person conducting the test. Additionally, the user shall document each visual monitoring period. At a minimum, the following information shall be documented: date and time, monitoring location, flow state (flow I no-flow over weir), water quality state (clarified water visually apparent I not visually apparent), if clarified water is not visually apparent, the user shall perform and document results of TSS testing, number of weir sections discharging, approximate depth of flow over weir crest, action taken, and name of person conducting the monitoring.

(5) Spillway Maintenance: Spillways shall be well maintained with the boards at the correct level. Spillways shall be managed to ensure adequate ponding depth for effective sedimentation and managed to maximize use of the available effective weir length ensuring that only the clarified

Management Area, Norfolk Harbor, Virginia

(6) Material dredged by hydraulic method shall be pumped directly into such portion of the placement area as may be designated by the Chiet: Craney Island Project Office. Dredged material placed by hydraulic method may not exceed a rate of 22,500 cubic yards in a 24-hour period.

The user may request higher production rates if it can be demonstrated or determined that effluent water quality will be maintained. Depending on the duration and the amount of material being dredged, the discharge pipe may be required to be moved during the dredging cycle. Dikes shall be constructed, raised, extended, and maintained by the user to contain the materials as directed by the Chief, Craney Island Project Office. The floating and submerged discharge lines shall not unreasonably interfere with navigation, and the shore pipe shall be used as described in Paragraph 5.a. (3) and Paragraph 5.a. (4), above.

(7) Required Personnel: The user will be responsible for operating (including monitoring and required testing) all assigned spillways 24 hours a day, 7 days a week, including holidays, while working at the ClDMMA, even during down times on the dredge. ln the event that the water heights at the dikes rapidly increase, or the available freeboard falls below 3 feet, the CIDMMA Facility Manager shall be notified immediately. The normal working hours at the CIDDMA are between 7:00 a.m. and 3:30 p.m., Monday through Friday, except federal holidays. The user shall have two shore operators present after normal operating hours, weekends, and holidays in case of a medical emergency or accident. During normal working hours, one person with a telephone or radio is acceptable. During dredging operations, the user shall:

(a) Maintain Minimum Freeboard Depth Requirements: Maintain a minimum of 3-foot frecboard or stop dredging until frccboard of 3 feet can be maintained. Both wind and rain can affect the freeboard height. Users of the CIDMMA will be responsible for repairs to the CIDMMA damaged by improper use.

(b) Suspend Operations When TSS Limits Are Exceeded: Sample effiuent as specified in paragraph 5. c. (4) and 5.c. (5); and stop dredging when limits are exceeded.

c. Rehandling .Basin Placement Procedures:

(1) The user shall exercise reasonable caution in moving his equipment to and from the rehandling basin and in mooring their tugs and scows when conducting operations at the

CIDMMA.

(2) The rehandling basin is to receive dr·edged materials such as mud, silt, clay, sand, she ll, marl, etc., and composites thereof, that can later be re-handled by hydraulic pipeline dredge into the placement area.

(3) Debris or other material that cannot be handled by a hydraulic pipeline dredge will not be dumped in the rehandling basin nor will it be placed in the CIDMMA. All debris shall be removed from the CIDMMA and placed in a licensed landfill.

(4) When encountering debris during dredging, dredged material deposited into the Craney Island Rehandling Basin will pass through a debris grid. The maximum opening of the grid size shall be 12-inches by 12-inches that covers the entire loading area of the dump scow. All dredged

Management Area, Norfolk Harbor, Virginia

( 4) When encountering debris during dredging, dredged material deposited into the Craney Island Rehandling Basin will pass through a debris grid.