Spceification_01_99_90_Listing_of_Enclosed_Documents_Exhibits_and_Other_Attachments.pdf

STATE OF MICHIGAN

DEPARTMENT OF

ENVIRONMENT, GREAT LAKES, AND ENERGY EGLE

GRETCHEN WHITMER

GOVERNOR

LANSING

LIESL EICHLER CLARK

DIRECTOR

April 26, 2019

Mr. Charles Uhlarik, Chief Department of the Army Detroit District, Corps of Engineers 477 Michigan Avenue Detroit, Michigan 48226-2550

Dear Mr. Uhlarik:

Enclosed is the Section 401 Water Quality Certification (Certification) issued by the Department of Environment, Great Lakes, and Energy (EGLE) for the Grand Haven Inner Harbor Navigational Maintenance Project in Ottawa County, Michigan. This Certification was granted on April 26, 2019, and will expire on April 26, 2024.

If you have any questions, please contact Mr. Samuel Noffke, Surface Water Assessment Section, Water Resources Division, at 517-755-7173; noffkes@michigan.gov; or EGLE, P.O. Box 30458, Lansing, Michigan 48909-7958; or you may contact me.

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Diana Klemans, Manager Surface Water Assessment Section Water Resources Division 517-284-5510

Enclosure cc/enc: Ms. Luis Saldivia, Grand Rapids District Supervisor, EGLE

Mr. Matt Occhipinti, Acting Grand Rapids District Supervisor, EGLE Mr. Chris Antieau, EGLE Mr. Samuel Noffke/Section 401 File, EGLE

CONSTITUTION HALL• 525 WEST ALLEGAN STREET• P.0. BOX 30473 • LANSING, MICHIGAN 48909-7973

Michigan.gov/EGLE• 800-662-9278

Michigan Department of Environment, Great Lakes, and Energy Certification under Section 401 of the Federal Clean Water Act

In the matter of: Navigational Maintenance Dredging of Grand Haven Inner Harbor, Ottawa County, Michigan, by the United States Army Corps of Engineers

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) certifies that the dredging proposed by the United States Army Corps of Engineers (USAGE) in Grand Haven Inner Harbor Federal Navigation Channel and the discharge of dredged materials dewatering effluent from the Verplank Dock Co. Dredged Material Disposal Facility (DMDF) located adjacent to the Grand River, on the north bank, approximately two miles upstream of the mouth in Ferrysburg, Michigan, will comply with Section 401 of the federal Clean Water Act and the Michigan Water Quality Standards providing the conditions set forth in this Certification are met.

This Certification is based on the USACE's September 28, 2018, Section 401 Certification request.

Certification conditions:

1. The USAGE shall notify the Grand Rapids District Supervisor, EGLE, at 616-350-3395, 48 hours prior to the commencement of dredging operations in Grand Haven Inner Harbor.

2. Initiation of any work on this project confirms the USAGE acceptance and agreement to comply with all terms and conditions of this Certification.

3. The dredging operation and dredged material disposal location shall be restricted to the areas described in the Section 401 Certification request, coordination letter, and attached Figure 1.

4. Open water disposal of sediments associated with this project is not allowed.

5. During dredging, the resuspension of silt and other fine particles or materials or oils and films shall be minimized by careful equipment operation, and, if necessary, floating booms, silt curtains, screens, or other suitable means.

6. During the period beginning on the effective date and lasting until the expiration date of this Certification, the USAGE is authorized to discharge dredging dewatering water to the surface waters of the state of Michigan from the north and south cells of the Verplank Dock Co. DMDF. Such discharge shall be limited and monitored by the USAGE as specified below.

Parameter Maximum Limits for Maximum Limits for Quality or Quantity or Loading Concentration

Monthly Daily Units Monthly Daily Units Frequency of Sam11le Analysis Tune

Flow (report) (report) MGD --- --- --- Daily Report Total Daily

Flow Total Suspended Solids

ITSS\

--- --- --- (report) 70 mg/I See Part 6.b. 3-Portion Composite

Turbidity !see Part 6.c.l --- --- --- (report) 160 NTU See Part 6.c. Grab Total Phosphorus (report) --- --- --- --- --- Weekly Grab Soluble Reactive Phosphorus

(report --- ---

Weekly

Grab

Outfall Observation (report) --- --- --- --- --- Daily Visual Equipment inspection (report) --- --- --- --- --- Daily Visual

Minimum Maximum Daily Daily

Dissolved Oxygen --- --- --- 4.0 --- mg/I Daily Grab pH --- --- --- 6.5 9.0 S.U. Daily Grab

a. Monitoring Location

Samples, measurements, and observations for compliance with the monitoring requirements above shall be taken of the discharge prior to mixing with the waters of the state of Michigan.

b. Frequency of Analysis for Turbidity and TSS

The USAGE shall monitor TSS effluent limitations either by direct measurement or by a combination of direct and indirect methods. The monitoring method will determine the frequency of analysis required for each parameter, as described below.

1) Direct Measurement

If the USAGE monitors TSS by direct measurement only, the monitoring frequency shall be daily. Turbidity requirements will not be in effect.

2) Combination of Direct and Indirect Measurement

If the USAGE monitors TSS using a combination of direct and indirect methods, the USAGE shall monitor turbidity as an indirect, partial substitute for monitoring TSS.

The monitoring frequency shall be daily for turbidity pursuant to 6.c and weekly for direct measurement of TSS. Any exceedance of the turbidity limitations shall be considered an exceedance of the TSS limitations.

c. Monitoring Requirements for Turbidity

The monitoring requirements for turbidity are in effect only if the USAGE uses turbidity to indirectly determine compliance for TSS as described in 6.b.2. If the USAGE does not use indirect methods for TSS monitoring the USAGE is not required to monitor for turbidity.

Monitoring for turbidity shall be conducted daily during periods of discharge, be representative of the discharge, and analyzed using United States Environmental Protection Agency-approved methods. A minimum of 4 turbidity samples are required daily. All turbidity samples shall be collected at equal intervals over the discharge period for that day. An average of the results from all of the turbidity monitoring conducted during the day shall be used to determine compliance with the daily maximum effluent limitation. All daily averages for the month shall be averaged to determine compliance with the monthly average effluent limitation. If the discharge levels for turbidity exceed the limitations, the USAGE shall maximize the treatment process as described in the Certification request.

The USAGE may choose to demonstrate that an alternate site-specific turbidity effluent limitation is appropriate. Such request and supporting documentation shall be submitted to the EGLE, Grand Rapids District Supervisor. Supporting documentation shall include a calculation of the correlation between turbidity and TSS. If an alternate site-specific turbidity effluent limitation is approved, the Certification shall be modified in accordance with applicable laws and rules to incorporate the alternate site-specific turbidity effluent limitation.

7. The discharge shall not have any unnatural physical properties in quantities that are, or may become, injurious to any designated uses as prescribed in Michigan's Part 4 Rules, Water Quality Standards, promulgated under Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). Any unusual characteristics of the discharge (unnatural turbidity; color; oil film; floating solids; foams; setteable solids; or deposits) to the Grand River shall be reported immediately to the EGLE, Grand Rapids District Supervisor, followed by a written report within 10 days detailing the findings of the investigation and steps taken to correct the condition(s).

8. The outlet of the DMDF shall convey the discharge in an erosion-free manner to the

Grand River.

9. All laboratory sampling results shall be sent to the Grand Rapids District Supervisor, at EGLE, Water Quality Unit, 350 Ottawa Avenue NW, Unit 10, 5th Floor, Grand Rapids, Michigan 49503-2341, within 30 days after termination of the sediment dewatering discharge.

10. DMDF - Changes

The USAGE shall submit a written request for approval to the EGLE, Grand Rapids District Supervisor, within 10 days prior to any change that may occur in the structures or operation and maintenance of the DMDF, which may affect compliance with the Michigan water quality standards, or terms, or conditions of this Certification.

11. Right of Entry

The USAGE shall allow the EGLE, Grand Rapids District Supervisor, or any agent appointed by the EGLE, Grand Rapids District Supervisor, upon the presentation of credentials, to do the following:

a. Enter upon the USAGE premises where an effluent source is located to inspect process facilities, treatment works, monitoring methods, and equipment regulated or required under this Certification; and to sample waters or sediments within the DMDF, and/or discharge of pollutants.

b. At reasonable limes to view and have copies of any records required to be kept under the terms and conditions of this Certification.

12. It is the duty of the USAGE to comply with all the terms and conditions of this

Certification. Any noncompliance with the terms or conditions of this Certification

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constitutes a violation of the NREPA and constitutes grounds for enforcement action or Certification revocation or modification.

13. Civil and Criminal Liability

Nothing in this Certification shall be construed to relieve the USAGE from civil or criminal penalties for noncompliance, whether or not such noncompliance is due to factors beyond the USACE's control, such as accidents, equipment breakdowns, labor disputes, or contractor performance.

14. Oil and Hazardous Substance Liability

Nothing in this Certification shall be construed to preclude the institution of any legal action or relieve the USAGE from any responsibilities, liabilities, or penalties to which the USAGE may be subject under Section 311 of the Federal Water Pollution Control Act except as are exempted by federal regulations.

15. State Laws

Nothing in this Certification shall be construed to preclude the institution of any legal action or relieve the USAGE from any responsibilities, liabilities, or penalties established pursuant to any applicable state or federal law.

16. Natural Resources Damages and Penalties

The state reserves the right to seek civil and/or criminal penalties and liabilities under applicable law for natural resource damages that may occur.

17. USAGE Rights

Nothing set forth in Conditions 12-15 shall be construed to waive any rights, defenses, or immunities the USAGE may have.

18. Certifications and Approvals

Nothing herein shall relieve the USAGE from the requirement to obtain any other necessary state, federal, or local permits, including other permits from the EGLE, Certifications, licenses, or approvals for the DMDF and navigational dredging operations.

19. This Certification supersedes all previous Certifications issued for the Grand Haven

Inner Harbor federal navigation channel and upon issuance of this Certification all other Certifications become void.

'"""" this 26th day of April 2019 aod shall

Attachment

Diana Klemans, Manager Surface Water Assessment Section Water Resources Division Michigan Department of Environment, Great Lakes, and Energy

Attachment

Figure 1. Verplank Dock, Upland Dredged Material Placement, Grand Haven Harbor, Ferrysburg, Michigan.