Amendment 0001_Revised Specs Sec 00 90 02.pdf

Maintenance Dredging of NY&NJ Harbor, Port Jersey Channel, NJ FNP PJ24

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 90 02

FCD / WATER QUALITY CERTIFICATE

06/07

PART 1 GENERAL

1.1 SUBMITTALS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

3.1.1 FCD / WATER QUALITY CERTIFICATE(S)

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DOCUMENT 00 90 02 Page 1

Maintenance Dredging of NY&NJ Harbor, Port Jersey Channel, NJ FNP PJ24

SECTION 00 90 02

FCD / WATER QUALITY CERTIFICATE

06/07

PART 1 GENERAL

Not Used.

1.1 SUBMITTALS

Not Used.

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following attachments have been provided for reference to the bidder for use in performing the contract requirements.

3.1.1 FCD / WATER QUALITY CERTIFICATE(S)

The New Jersey Department of Environmental Protection (NJDEP) Federal Consistency Determination/Water Quality Certificate (FCD/WQC) dated 25 July 2024 is enclosed.

The contractor must comply with all conditions of the Water Quality Certificate(s).

A copy of the FCD/WQC(s) shall be displayed in a highly visible location on the dredge at all times for the duration of the project.

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DOCUMENT 00 90 02 Page 2 e3opsjw9 Highlight

July 25, 2024

Michael Oseback, Chief, Operations Support Branch Department of Army, New York District 26 Federal Plaza Jacob K Javits Federal Building New York, New York 10278-0090

RE: Federal Consistency Determination / Water Quality Certification

File and Activity No.: 0000-01-1008.1 CDT 240001 Applicant: Army Corp of Engineers, NY District Project: Maintenance Dredging of Port Jersey Channel, Federal Navigation Project

Dear Mr. Oseback:

This letter is issued in response to your request for a Federal Consistency (FC), as per Section 307 of the Federal Coastal Zone Management Act (16 USC 1451 et seq.), and Water Quality Certification (WQC) as required by Section 401 of the Federal Clean Water Act (33 USC 1251 et seq). The request included specifications for the maintenance dredging of the Port Jersey Channel on plans cited below. The proposed maintenance dredging would remove approximately up to 435,000 cubic yards (CY) of material to a depth of -50 feet mean lower low water (MLLW) plus up to 2 feet of allowable overdredge, with placement at the Historic Area Remediation Site (HARS). This Federal Navigation Project was last dredged in 2020 and involved the removal of 462,880 CY with placement at the HARS.

Beneficial Use at HARS

The FC/WQC request included a January 18, 2024 memo from the NY District Army Corps of Engineers and Environmental Protection Agency – Region 2, demonstrating compliance with respect to 40 CFR 227 (Criteria for the Evaluation of Permit Applications for Ocean Dumping of Materials) and 40 CFR 228 (Criteria for the Management of Disposal Sites for Ocean Dumping).

Federal Consistency and Water Quality Certification

The Coastal Zone Management Rules (N.J.A.C. 7:7) constitute New Jersey’s enforceable policies under its federally approved Coastal Zone Management Program. The maintenance dredging of the Port Jersey Channel project has been reviewed under the following Coastal Zone Management Rules: Finfish migratory pathways (7:7-9.5), Navigation Channels (7:7-9.7), Ports (7:7-9.11), Submerged Infrastructure Routes (7:7-9.12), Historic and Archaeological Resources (7:7-9.13), Endangered or threatened wildlife or plant species habitats (7:7-9.36 ), Maintenance dredging (7:7-12.6), Dredged material placement on land (7:7-15.12), Marine Fish and Fisheries (7:7-16.2), and Water Quality (7:7-16.3). Based on the materials submitted within the subject federal consistency request, the Department has

New Jersey is an Equal Opportunity Employer l Printed on Recycled Paper and Recyclable

PHILIP D. MURPHY DEPARTMENT OF ENVIRONMENTAL PROTECTION SHAWN M. LATOURETTE

Governor Commissioner

TAHESHA L. WAY

Lt. Governor

New Jersey is an Equal Opportunity Employer l Printed on Recycled Paper and Recyclable

Watershed & Land Management Program Mail Code 501-02A

P.O. Box 420 Trenton, New Jersey 08625-0420 www.nj.gov/dep/landuse

CONDITIONALLY determined that the dredging of this Contract is consistent with the Coastal Zone Management Rules and New Jersey’s federally approved Coastal Management Program.

Provided that the following conditions are met, the Department has determined that this 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.).

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. It is noted that this Water Quality Certificate is valid for a term of five years and expires five years from the date on the first page of this determination.

PROJECT SPECIFIC CONDITIONS:

1. Dredging is prohibited from March 1 to June 30 of each year in order to protect migrating

Atlantic Sturgeon.

2. All sediments from this project shall be removed using a closed clamshell environment bucket.

3. 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. The dredging contractor shall use appropriate software and sensors on the dredging equipment to ensure consistent compliance with this condition during the entire dredging operation. The independent dredging inspector shall monitor the operation of the software and sensors during the inspections as specified in the below conditions. Any malfunction of the software and sensors on the dredge at any time shall be immediately reported to the independent dredging inspector and the permittee by the dredging contractor and shall be immediately repaired to working order.

4. The closed clamshell environmental bucket shall be equipped with sensors to ensure complete closure of the bucket before lifting the bucket. Said sensors shall be operational during the entire dredging operation.

5. The closed clamshell environmental bucket shall be lifted slowly through the water, at a rate of 2 feet per second or less.

6. Dredged material shall be placed deliberately in the barge in order to prevent spillage of material overboard.

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

8. The gunwales of the dredge scows shall not be rinsed or hosed during dredging except to the extent necessary to ensure the safety of workers maneuvering on the dredge scow.

9. All decant water shall be held in the decant holding scow a minimum of 24 hours after the last addition of water to the decant holding scow. Said water contained in the decant holding scow may only be discharge after this mandatory 24-hour retention time.

a. Should the contractor wish to reduce the required holding time, the contractor shall demonstrate that the reduced holding time is sufficient to meet a total suspended solids (TSS) background value of 30 mg/L. This TSS action level is consistent with the ambient TSS results presented in the NY District study entitled "NY and NJ Harbor Deepening Project - Total Suspended Solids (TSS) Monitoring, Interim Report" (January 2006). The total suspended solids shall be determined through gravimetric analysis. No discharge shall be permitted from the decant holding scow until the results of the gravimetric analysis have confirmed that the 30 mg/L background level has been achieved. No additional water shall be added to the decant holding scow between the time of sample acquisition and discharge. Upon successful demonstration that the reduced holding time is sufficient to meet the TSS background level of 30 mg/L, the monitoring of TSS may be suspended and the demonstrated settling time shall replace the 24-hour minimum. A successful demonstration of the reduced holding time efficiency shall be determined once three consecutive TSS analyses have confirmed that the 30 mg/L action level has been achieved by the reduced holding time.

b. Should the contractor wish to demonstrate this reduced holding time, all records including time of last addition of decant water into the scow, time of TSS sampling and the results of TSS sampling shall be submitted to the NJDEP as soon as they become available, together with a request for a reduced holding time.

10. During pumping of the decant water from the holding scow, great care shall be taken to avoid re-suspending or pumping sediment which has settled in the decant holding scow.

11. REPORTING REQUIREMENTS: At the completion of the project, the permittee shall submit the following information to the Department. This information shall be submitted within three months of completion of dredging.

Start and finish date of work order(s) Post-dredge hydrographic survey

APPROVED PLANS:

The drawing(s) hereby approved consists of four (4) sheets entitled:

“PORT JERSEY, NEW YORK AND NEW JERSEY HARBOR, CONDITION SURVEY,” dated February 20, 2024, unrevised, including “VH-101” sheet 1 of 5, “VH-102” sheet 2 of 5, “VH- 103” sheet 3 of 5, “VH-104” sheet 4 of 5 and “VH-105" sheet 5 of 5.

If you have any questions regarding this letter, please contact Gary Nickerson by email at Gary.Nickerson@dep.nj.gov. Please reference the Division’s file number in all communication.

Sincerely, Colleen Keller, Assistant Director Bureau of Coastal Permitting Division of Land Resource Protection