SAC-2017-01482 HLT ocean disposal modification.040919.pdf

Regulatory Division

Mr. Walter Lagarenne South Carolina Ports Authority 200 Ports Authority Drive Mount Pleasant, South Carolina 29464

Dear Mr. Lagarenne:

PLEASE READ THIS LETTER CAREFULLY AND

COMPLY WITH ITS PROVISIONS

This is in response to your permit application dated October 11, 2018, which was determined to be complete on December 21, 2018, requesting a modification of the work authorized by Department of the Army (DA) Permit No. SAC-2017-01482. The project is located on the Cooper River at the Hugh K. Leatherman, Sr. Terminal (HLT), which is currently being developed, at the former Charleston Naval Complex in Charleston County, South Carolina Latitude 32.8400°N, Longitude 79.9322°W.

This is to inform you that your request for a modification of DA Permit No. SAC-2017- 01482 is granted. The authorized modification is shown on the attached drawings, entitled Hugh K. Leatherman, Sr. Terminal Berth and Access Channel Dredging and Revetment Modification, Sheet(s) 1-10 of 10, and dated, December 20, 2018.

Modifications to the previously authorized DA Permit No. SAC-2017-01482 include the transportation of dredged material from HLT to the Charleston Ocean Dredged Material Disposal Site for the purpose of ocean disposal. Please note that Special Conditions b. and aa.

from the DA Permit No. SAC-2017-01482 have been updated to include additional contact information for Charleston County’s Mosquito Control Division, and to help clarify the information that is required for the Seventh Coast Guard District to issue a Notice to Mariners Special Conditions b. and aa. now state as follows:

b. That the permittee shall notify Charleston County within 24 hours of the start of placing dredged material within the Clouter Island, Daniel Island and/or Drum Island Dredged Material Containment Area by calling the Mosquito Control Division at (843) 202-7886 or 843-202-7887 or emailing Charleston County at eharne@charlestoncounty.org and jloveland@charlestoncounty.org. In addition the permittee agrees to reimburse Charleston County for their mosquito control efforts consistent with available funding.

aa. The permittee must submit the following information to the Seventh Coast Guard District at D07-SMB-D7-LNM@USCG.MIL for publication in the Local Notice to Mariners: 1) date of submission, 2) name, phone number, and email address of the project point of contact, 3) company name, 4) type of work, 5) waterway and location where work will be completed, 6) latitude

DEPARTMENT OF THE ARMY

CHARLESTON DISTRICT CORPS OF ENGINEERS

69A HAGOOD AVENUE

CHARLESTON, SOUTH CAROLINA 29403

8, and longitude of work area (degrees, minutes, thousandths of seconds), 7) work start and stop date, 8) hours of operation, 9) equipment on scene, 10) VHF radio channel monitored, and 11) NOAA chart number for the area.

In addition, Special Conditions q. and jj. from DA Permit No. SAC-2017-01482 have been updated to clarify that the transportation of dredged material from HLT to the Charleston ODMDS is authorized. Special Conditions q. and jj. now state as follows:

q. That the permittee understands and agrees all dredged material excavated during the construction and operation of the approved port facility must be hydraulically pumped into the Clouter Island, Daniel Island, and/or the Drum Island DMCA, or transported to the Charleston Ocean Dredged Material Disposal Site for the purpose of ocean disposal. The permittee must receive written authorization from the Corps prior to placing dredged material at another location.

jj. Maintenance dredging and the discharge of effluent from existing on Clouter Island, Daniel Island, and/or Drum Island is authorized for a period of 10 years and will expire on the date specified in your Department of the Army permit. In accordance with EPA’s concurrence letter, dated February 12, 2019, EPA concurrence for the transportation of dredged material to the Charleston ODMDS is only for a period of 3 years and will expire on February 11, 2022.

Attached is a letter from the U.S. Environmental Protection Agency, Region 4 to the U.S.

Army Corps of Engineers, Charleston District ated February 12, 2019, concurring with the Corps’ determination that dredged material from HLT (and three other SCPA port facilities) is considered suitable for ocean disposal. Please note that EPA’s concurrence is contingent on SCPA compliance with all specifications and conditions of the most current Charleston ODMDS Site Management and Monitoring Plan (SMMP). The following special condition has been added to DA Permit No. SAC-2017-01482 to ensure the permittee complies with the special conditions of the DA permit, the requirements of the SMMP, the requirements of EPA’s concurrence letter, and the attached Special Conditions for Marine Protection, Research, and Sanctuaries Act Section 103 Authorization, (DA Permit No. SAC-2017-01482), Charleston, South Carolina, Ocean Dredged Material Disposal Site:

kk. The permittee understands and agrees that each dredging and disposal event that includes the transportation of dredged material to the Charleston ODMDS for the purpose of ocean disposal must comply with the Site Management and Monitoring Plan dated September 21, 2016 (and any updates to this plan), EPA’s concurrence letter dated February 12, 2019 (attached), and the Charleston District’s Special Conditions for Marine Protection, Research, and Sanctuaries Act Section 103 Authorization (attached).

In addition to this permit modification letter (including new Special Conditions b., q., jj., and kk.), the enclosed permit modification drawings, the enclosed EPA letter, and the enclosed Special Conditions for MPRSA Section 103 are incorporated by reference as a part of this permit modification; all of these documents should be attached to your copy of DA Permit No. SAC-2017-01482.

This permit modification was issued under the provisions of the Federal laws for the protection and preservation of the navigable waters of the United States. These laws provide that after the proposed work has been approved by the issuance of a Department of the Army permit, IT SHALL NOT BE LAWFUL TO DEVIATE FROM SUCH PLANS EITHER

BEFORE OR AFTER COMPLETION OF THE WORK,

unless modification of said plans has previously been submitted to and received the approval of the Department of the Army. All other conditions to which the work is made subject remain in full force and effect. In that this work appears subject to the jurisdiction of the South Carolina Department of Health and Environmental Control, it is highly recommended that you contact that agency to ascertain their requirements in this matter.

In all future correspondence, please refer to file number # SAC-2017-01482. If you have any questions concerning this matter, please contact Mr. Nat Ball at 843-329-8047.

FOR THE DISTRICT ENGINEER: Sincerely, Ms. Amanda L. Heath Chief, Special Projects Branch

Enclosures:

Modified Plans EPA Letter, dated February 12, 2019 Special Conditions for Marine Protection, Research, and Sanctuaries Act Section 103 Authorization Notification of Appeal Options

Copies Furnished:

SCDHEC- OCRM

Attn: Tess Trumbull 1362 McMillan Avenue, Suite 400 North Charleston, South Carolina 29405

2019.04.09 10:10:02 -04'00'

SPECIAL CONDITIONS FOR MARINE PROTECTION,

RESEARCH, SANCTUARIES ACT, SECTION 103 AUTHORIZATION

(DA PERMIT NO. SAC-2017-01482)

CHARLESTON, SOUTH CAROLINA

OCEAN DREDGED MATERIAL DISPOSAL SITE

I. DISPOSAL OPERATIONS

A. Maintenance dredging and the discharge of effluent from existing Dredged Material Containment Areas (DMCAs) on Clouter Island, Daniel Island, and/or Drum Island is authorized for a period of 10 years and will expire on September 30, 2028 (the date specified in General Condition 1 of Department of the Army Permit No. SAC- 2017-01482). In accordance with the U.S. Environmental Protection Agency’s (EPA’s) concurrence letter, dated February 12, 2019, EPA’s concurrence for the transportation of dredged material to the Charleston Ocean Dredged Material Disposal Site (ODMDS) is only for a period of 3 years and will expire on February 11, 2022.

B. For this permit, the term disposal operations shall mean: navigation of any vessel used in disposal operations, transportation of dredged material from the dredging site to the Charleston ODMDS, proper disposal of dredged material within the Charleston ODMDS, and transportation of the disposal barge or scow back to the dredging site.

C. The Charleston ODMDS is defined by the following coordinates:

Site Geographic(NAD83, Decimal Degrees) State Plane (South Carolina US

Survey Feet) Area

(nmi2) Area (mi2)

Latitude Longitude N E

Charleston

ODMDS

Center 32.63522 -79.73939 294137.61 2388059.58

7.4

9.8

SE 32.60467 -79.72770 283067.786 2391795.475

SW 32.62744 -79.77627 291170.826 2376741.168

NW 32.66571 -79.75113 305185.821 2384312.304

NE 32.64299 -79.70253 297104.717 2399371.043

The disposal zone within the ODMDS has the following coordinates:

Site Geographic (NAD83, Decimal Degrees)

State Plane (South Carolina US Survey Feet)

Area (nmi2)

Area (mi2)

Latitude Longitude N E

Dump zone

SE 32.62953 -79.76731 291963.450 2379495.145

3.9

5.1

SW 32.61220 -79.73030 285797.391 2390966.182

NW 32.63817 -79.71280 295312.397 2396237.184

NE 32.65600 -79.75011 301659.432 2384675.135

D. Coordination with the U.S. Army Corps of Engineers (Corps), Charleston District’s Navigation Branch is required to obtain the coordinates of the project specific disposal zone and the disposal lines where dredged material must be placed within the Charleston ODMDS.

E. The permittee understands and agrees the Charleston ODMDS is managed by the Corps and EPA. Prior to each dredging and disposal event, the permittee (and their dredging contractor) shall schedule and participate in a pre-dredging conference with the Charleston District’s Regulatory Division. The purpose of this meeting is to review the permittee’s dredging operations plan and to verify that the proposed plan is sufficient to comply with the requirements of this DA permit, the Site Management and Monitoring Plan dated September 21, 2016 (and any updates to this plan), EPA’s concurrence letter dated February 12, 2019, and the Charleston District’s Special Conditions for Marine Protection, Research, and Sanctuaries Act Section 103 Permits.

F. The permittee understands and agrees that all dredged material will be placed in such a manner that its highest point will not exceed –25 feet MLW.

G. The permittee shall use an electronic positioning system to navigate to and from the Charleston ODMDS.

Electronic positioning system is defined as: a differential global positioning system or a microwave line of site system. Use of LORAN-C alone is not an acceptable electronic positioning system for disposal operations at the Charleston ODMDS. If the electronic positioning system fails or navigation problems are detected, all disposal operations shall cease until the failure or navigation problems are corrected.

H. The permittee shall certify the accuracy of the electronic positioning system proposed for use during disposal operations at the Charleston ODMDS. The certification shall be accomplished by direct comparison of the electronic positioning system’s accuracy with a known fixed point and shall be documented in the Disposal Summary Report.

I. All dredged material and water that is placed in a disposal barge or scow must be hydraulically pumped into one of the existing DMCAs identified in this permit or transported to the Charleston ODMDS for the purpose of ocean disposal. The overflow of dredged material or water from the disposal barge or scows during loading, unloading, or the transportation of dredged material to the existing DMCAs or the Charleston ODMDS is not authorized. In addition, the permittee understands that no debris is to be transported and placed in the ODMDS.

J. A disposal operations inspector and/or captain of any tug boat or other vessel used to transport dredged material to the Charleston ODMDS shall insure compliance with disposal operation conditions defined in this permit.

1. If the disposal operations inspector or the captain detects a violation, he shall report the violation to the permittee immediately.

2 The permittee shall contact the U.S. Army Corps of Engineers, Charleston District’s Regulatory Division (843) 329-8044 and EPA Region 4 at (404) 562-9395 to report the violation within twenty-four

(24) hours after the violation occurs. A complete written explanation of any permit violation shall be included in the post-dredging report.

K. All vessels, disposal barges, and scows shall use the designated route identified in the SMMP to avoid and minimize potential impacts to existing hard bottom, fishing grounds, and commercial navigation. All vessels, disposal barges, and scows must stay north of the line that extends from the south jetty to the following coordinates 32.65663, -79.75716.

L. The permittee understands and agrees the disposal of dredged material must occur within the project specific disposal zone and within 100 feet of the disposal lines identified in Special Condition I.D. Disposal must be completed (i.e., doors closed) before the disposal barge or scow leaves the project specific disposal zone.

M. The permittee shall use an electronic tracking system (ETS) that will continuously track the horizontal location and draft condition of the disposal barge or scow to and from the Charleston ODMDS. Data shall be collected at least every 500 feet during travel to and from the Charleston ODMDS and every minute or every 200 feet of travel, whichever is smaller, while approaching within 1,000 feet of and within the Charleston ODMDS. The permittee shall use South Carolina State Plane or latitude and longitude coordinates (North American Datum 1983). State Plane coordinates shall be reported to the nearest foot and latitude and longitude shall be reported as decimal degrees to the sixth decimal place. Westerly longitudes are to be reported as negative. Draft readings shall be recorded in feet to the hundredths place.

N. If the ETS data for a specific disposal barge or scow is not complete or accurate, or leakage is detected from a specific disposal barge or scow, the permittee (and the disposal operations inspector) is responsible for stopping disposal operations until these problem(s) are corrected.

O. The permittee shall record electronically for each load the following information:

1. Load Number

2. Disposal Vessel or Scow Name

3. Tow Vessel Name (if scow used)

4. Captain of Disposal or Tow Vessel

5. Estimated Volume of Load

6. Description of Material Disposed

7. Source of Dredged Material

8. Date, Time and Location at Start of Initiation and Completion of Disposal event

9. The ETS Data Required by Special Condition I.M.

P. The permittee shall conduct a bathymetric survey of the Charleston ODMDS 30 days following project completion.

1. The number and length of the survey transects shall be sufficient to encompass the project specific disposal zone identified in Special Condition I.D. and a 0.25 nautical mile wide area around the project specific disposal zone. The survey transects shall be spaced at 500-foot intervals or less.

2. Vertical accuracy of the survey shall be ±0.5 feet. Horizontal location of the survey lines and depth sounding points will be determined by an automated positioning system utilizing either microwave line of site system or differential global positioning system. The vertical datum shall be Mean Lower Low Water and the horizontal datum shall use South Carolina State Plane or latitude and longitude coordinates (North American Datum 1983). State Plane coordinates shall be reported to the nearest 0.10 foot and latitude and longitude coordinates shall be reported as decimal degrees to the fifth place.

II. REPORTING REQUIREMENTS

A. All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following addresses: U.S. Army Corps of Engineers Charleston District, Regulatory Division and EPA Region 4, Ocean, Wetlands, and Streams Protection Branch. The permittee shall reference DA permit # SAC-2017-01482, on all submittals.

B. Prior to the commencement of each dredging event authorized by this permit, the Permittee shall provide to the Corps and EPA a recent bathymetric survey (less than 30 days old) of the dredging site and the project specific disposal zone, and written notification of the date of commencement of work authorized by this permit. Both of the bathymetric surveys must be prepared and signed by a registered land surveyor.

C. Electronic data required by Special Conditions I.M. and I.O. shall be provided to the Corps and EPA Region 4 on a weekly basis. Data shall be submitted to EPA Region 4 as an eXtensible Markup Language (XML) document via Internet e-mail to Disposal Data.R4@epa.gov. XML data file format specifications are available from EPA Region 4.

D. The permittee shall send one (1) copy of the following reports to both the Charleston District’s Regulatory Division and EPA Region 4 documenting compliance with all general and special conditions defined in this permit.

These reports shall be submitted within 60 days after completion of the disposal operations authorized by this permit. The disposal summary report shall include the following information:

1. The Disposal Summary Report shall include the following information: dredging project title; dates of disposal; permit number and expiration date; name of contractor(s) conducting the work, name and type of vessel(s) disposing material in the ODMDS; disposal timeframes for each vessel; volume disposed at the ODMDS (as paid in situ volume, total paid and un paid in situ volume, and gross volume reported by dredging contractor), number of loads to ODMDS, type of material disposed at the ODMDS; identification of any misplaced material (outside disposal zone or the ODMDS boundaries); dates of post disposal bathymetric surveys of the ODMDS; and a narrative indicating whether all general and special conditions were met and a detailed discussion of any violation(s) of the 103 permit.

2. The Material Discharge Report shall include: a spreadsheet of all discharges in the Charleston ODMDS, in Microsoft Excel format with the load number, scow name, tow vessel name, captain of tow vessel, estimated volume of load, description of material disposed, source of dredged material, date, time, and location at start of initiation and completion of each disposal event, ETS data for the specific load.

3. The Summary Scatter Plot report shall include: the boundary of the Charleston ODMDS, the coordinates of the project specific disposal zone (within the ODMDS), the center lines of the project specific disposal lanes, and the coordinates where each discharge was initiated. No more than 50 discharges (loads) should be shown on each scatter plot and each load number must be identified in Adobe Acrobat PDF format.

4. The Bathymetric Survey Report shall include pre-dredging and post-dredging bathymetric surveys of the existing berth, and pre-disposal and post-disposal bathymetric surveys of the project specific disposal zone within the Charleston ODMDS. Bathymetric surveys must be prepared and signed by a registered land surveyor and submitted to both the Corps and EPA for review and approval within 30 days of completing each dredging event and the associated disposal activities.

III. PERMIT LIABILITY

A. The permittee shall be responsible for ensuring compliance with all conditions of this permit.

B. The permittee and all contractors or other third parties who perform an activity authorized by this permit on behalf of the permittee shall be separately liable for a civil penalty of up to $50,000 for each violation of any term of this permit they commit alone or in concert with the permittee or other parties. This liability shall be individual, rather than joint and several, and shall not be reduced in any fashion to reflect the liability assigned to and civil penalty assessed against the permittee or any other third party as defined in 33 U.S.C. Section 1415(a).

C. If the permittee or any contractor or other third party knowingly violates any term of this permit (either alone or in concert), the permittee, contractor or other party shall be individually liable for the criminal penalties set forth in 33 U.S.C. Section 1415(b).

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND

REQUEST FOR APPEAL

Applicant: File Number: Date:

Attached is: See Section below

INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A 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://usace.army.mil/inet/functions/cw/cecwo/reg 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, South Atlantic Division, 60 Forsyth St, SW, Atlanta, GA 30308-8801. 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.

SCPA SAC-2017-01482 8 April 2019

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 the Corps biologist who signed the letter to which this notification is attached. The name and telephone number of this person is given at the end of the letter.

If you only have questions regarding the appeal process you may also contact: Jason W. Steele

Administrative Appeals Review Officer USACE South Atlantic Division 60 Forsyth St, SW Atlanta, GA 30308-8801

(404) 562-5137

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: