B.08.02 Amendment 0001, W912EP22B0008 _ 20220803 Mayport MD DA 103 Permit Modification.pdf

CESAJ-RD-N (1145) 3 August 2022

MEMORANDUM FOR Commander, United States Navy, Naval Station, Mayport, FL 32228

SUBJECT: Department of the Army Permit Number SAJ-2002-02052 (SP-JED) Modification Number Three

1. The U.S. Army Corps of Engineers (Corps) has completed the review and evaluation of your modification request received on 27 May 2022. Specifically, you requested a modification of the subject permit for a renewed 3-year authorization pursuant to Section 103 of the Marine Protection Research and Sanctuaries Act (Section 103) to transport and dispose of dredge material from various locations at the Naval Station Mayport to the Jacksonville Offshore Dredge Material Disposal Site (ODMDS). The U.S. Environmental Protection Agency (EPA) provided a concurrence letter dated 10 June 2022 that the dredge material in question is suitable for disposal in the ODMDS. The Corps granted previous MPRSA 103 offshore dredge material disposal authorizations for Naval Station Mayport on 23 June 2013, 17 July 2014, and 29 August 2016, and 25 July 2019.

2. The proposed modification would result in a Section 103 authorization dated 10 June 2022 and expiring on 10 June 2025. The modification must be completed in accordance with the special conditions below, and the enclosed attachments which are incorporated into, and made a part of the permit.

3. Special Conditions:

Overall:

A. Reporting Addresses: The Permittee shall ensure reports, notifications, documentation, and correspondence required by the general or special conditions of this permit are submitted electronically to:

a. The Corps at SAJ-RD-Enforcement@usace.army.mil (not to exceed 15MB); and

b. U.S. Environmental Protection Agency, Region 4 at Oceandumpingr4@epa.gov

c. all reports, notifications, documentation, and correspondence required required pursuant to the South Atlantic Regional Biological Opinion, 2020 to SARBO.GRBO@usace.army.mil

The Permittee shall reference in the subject line of the email this permit number, SAJ-2002-02052 (SP –JED), and the type of submittal.

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS

P.O. BOX 4970

JACKSONVILLE, FLORIDA 32232

REPLY TO

ATTENTION OF

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MPRSA Section 103 Conditions:

B. Commencement & Completion Notification: The Permittee shall provide to the Corps and EPA written notification of the date of commencement of work authorized by this permit at least 15 days before initiation of any dredging operations authorized by this permit (Attachment D) and a completion notification no less than 15 days after the completion of the dredging operation.

C. EPA Concurrency: The EPA concurrency has been provided and is valid until June 10, 2025. After June 10, 2025, the Permittee shall not transport dredged material to the Jacksonville ODMDS until concurrency is granted by the EPA that the proposed dredge material meets the Ocean Disposal Criteria (40 CFR 227) and can be disposed in the Jacksonville ODMDS. (Attachment A)

D. Site Management and Monitoring Plan: The Permittee shall comply with all specifications and condition of the current Jacksonville ODMDS Site Management and Monitoring Plan. (Attachment B)

E. Cubic Yards of Dredged Material: The Permittee shall not dispose of more than 1,000,000 cubic yards of dredged material annually at the Jacksonville ODMDS.

Reference Attachment A.

F. Loss of Material: This permit does not authorize excessive leakage, overflow, or spill out of barges, dump scows, or hopper dredges of water and excavated material while en route to the Jacksonville ODMDS Release Zone. Failure to repair leaks or change the method of operation which is resulting in the leakage, overflow, or spillage will result in suspension of dredging operations and require prompt repair or change of operation to prevent overflow, leakage, or spillage as prerequisite to the resumption of dredging. Excessive leakage is defined by average loss of draft during transit from the dredging area to the disposal area (forward draft loss plus aft draft loss divided by 2) in excess of (18 inches (northeast Florida) or of 12 inches (south)). Once excessive leakage is discovered, it shall be reported immediately as directed in the Disposal Operations Compliance special condition.

G. Disposal Operations Compliance: The Permittee shall ensure the vessel(s) used to transport dredged material to the name of ODMDS ODMDS complies with the disposal operation conditions defined in the permit. If a violation occurs: a) the Permittee shall report the violation to the contracting officer’s representative

-3-immediately at 904-232-2086 and to EPA’s Ocean Dumping Coordinator immediately at 404-562-9395. b) written notification including a narrative description of the violation shall be emailed addresses listed in the Reporting Addresses Special Condition within 24 hours after the violation occurs. The Permittee shall reference in the subject line of the email this permit number, SAJ-2002-02052, and the type of violation.

H. Disposal Zone: The Permittee shall ensure, when dredged material is disposed, no portion of the hopper dredge or disposal barge or scow shall be outside of the boundaries of the release zone. Specifically, all disposals will be initiated at least 1,159 feet from the east boundary, 500 feet from the west boundary, and 1000 feet from the north and south boundaries of the ODMDS. Disposal of all material associated with this project shall occur into ODMDS Zone A. Reference Attachment A. The boundaries of the release zone are defined by the following coordinates:

Geographic (NAD83) State Plane (FL East 0901 Ft NAD83)

NW Corner 30°21.349'N 81°18.460'W 2,189,463 N 559,128 E Upper NE Corner

30°21.349'N 81°17.517'W 2,189,450 N 564,084 E

SW Corner 30°20.350'N 81°18.460'W 2,183,407 N 559,112 E SE Corner 30°20.350'N 81°17.517'W 2,183,395 N 564,069 E

The Permittee shall ensure the hopper dredge, disposal barge or scow shall be in the closed position and all discharge of material has ceased before the disposal vessel leaves the disposal zone of the Jacksonville ODMDS. The Permittee shall ensure that the dredged material shall be placed such that at no point will depths less than -25 MLLW occur. (i.e., a clearance of 25 feet above the bottom will be maintained).

I. Maximum Disposal Volumes: To meet dilution requirements as indicated by short-term fate (STFATE) modeling, disposal of all material from the Naval Station Mayport Maintenance Dredging Project shall adhere to the table below. Additional information related to these load restrictions is provided in Attachment A and the Mayport DMMU Dredging Unit Map (Attachment C).

Dredging Unit /

DMMU

Mechanical (cubic yards)

Hopper (cubic yards)

1 9,000 13,500 2 3,000 3,000 3 2,100 2,100 4 9,000 13,500 5 9,000 13,500

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J. Electronic Tracking System: The Permittee shall use the electronic tracking system, Dredging Quality Management (DQM) that will continuously track the horizontal location and draft condition of the disposal vessel (hopper dredge or disposal barge or scow) to and from the Jacksonville ODMDS. Data shall be collected at least every 500 feet during travel to and from the ODMDS and every minute or every 200 feet of travel, whichever is smaller, while approaching within 1,000 feet and within the ODMDS. The Permittee shall use Florida 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 coordinates shall be reported as decimal degrees out to 6 decimals. Westerly longitudes are to be reported as negative. Draft readings shall be recorded in feet out to 2 decimals. If the electronic positioning system fails or navigation problems are detected, all disposal operations shall cease until the failure or navigation problems are corrected.

K. Load Data: The Permittee shall record electronically for each load the following information:

a. Load Number

b. Disposal Vessel or Scow Name

c. Tow Vessel Name (if scow used)

d. Captain of Disposal or Tow Vessel

e. Estimated volume of Load

f. Description of Material Disposed

g. Source of Dredged Material

h. Date, Time and Location at Start at Initiation and Completion of Disposal Event

i. The ETS data required by the Electronic Tracking System Special Condition.

L. Electronic Data: The Permittee shall provide electronic data required by the Electronic Tracking System and Load Data Special Condition to EPA Region 4 on a weekly basis. The data shall be submitted as an extensible Markup Language (XML) document via Internet e-mail listed in the Reporting Addresses Special Condition.

XML data file format specifications are available from EPA Region 4.

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M. Post-Disposal Data: The Permittee shall submit Post-Disposal Data to the Corps and EPA at the address referenced in the Reporting Address Special Condition documenting compliance with all general and special conditions defined in this permit.

The Post-Disposal Data shall be sent within 90 days after completion of the disposal operations authorized by this permit. The Post-Disposal Data shall include the following information:

a. The report shall indicate whether all general and special permit conditions were met. Any violations of the permit or the general and special conditions shall be explained in detail.

b. The Disposal Summary Report shall include the following information: dredging project title; dates of disposal; permit number and expiration date; name of contractor 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; identify any misplaced material (outside disposal zone or the ODMDS boundaries) and associated impacts;

dates of pre-disposal and post-disposal bathymetric surveys of the ODMDS;

and a narrative discussing any violation(s) of the 103 permit (if applicable). The disposal summary report shall be accompanied by the bathymetry survey results (plot and X, Y, Z, ASCII data file).

N. Bathymetric Survey: The Permittee shall conduct a bathymetric survey of the Jacksonville ODMDS within 90 days prior to project disposal and within 60 days following project completion in accordance with the following:

a. The number and length of the survey transects shall be sufficient to encompass the Jacksonville ODMDS and a 500-foot-wide area around the site. The transects shall be spaced at 500-foot intervals or less.

b. 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 (mllw) and the horizontal datum shall use Florida 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 6

-6-decimal points.

South Atlantic Regional Biological Opinion, 2020 Special Conditions:

O. Reporting requirements:

a. Commencement Notification: At least 45 days prior to the date of initiating the work authorized by this permit, the Permittee shall submit a completed “Commencement Notification” form (Attachment D) and the “SARBO Pre-and Post-construction” form (Attachment E) to the Reporting Addresses Special Condition.

Upon receipt of the notification email, the Corps will provide a list of the Corps primary points of contact for reporting species take/incidents. If the permit authorizes multiple work events, the Permittee must submit the SARBO Pre-Construction Notification 45 days prior to each event.

b. North Atlantic right whale: All observations of North Atlantic right whales observed while completing the authorized work be reported immediately. The process to report a North Atlantic right whale observation is outlined in the North Atlantic Right Whale Plan (SARBO Appendix F) and applies to all work covered under SARBO.

c. Take Reporting: All lethal and nonlethal take associated with a project covered under SARBO will be reported to the Corps’ Incidental Take Reporter by phone immediately upon discovery. The contact information for the Incidental Take Reporter shall be provided by the Corps upon receipt of the pre-construction notification.

i. Take occurring during hopper dredging will be reported using the ODESS digital application system at the time of the take. ODESS digital submission also includes submission of a copy of a paper record using the reporting form available on the ODESS website as well as photos of the take as defined under the 2020 SARBO Appendix H.

ii. Take occurring during relocation trawling will be reported using an Excel spreadsheet with columns matching the template provided on August 3, 2022.

(Attachment F).

iii. Project details related to take will be reported by completing “SARBO Take Reporting” form (Attachment F) and sent to the following emails: sarbo.grbo@usace.army.mil

d. Relocation Trawling: At least 48 hours prior to the start of relocation trawling, notify the Corps by email to the Reporting Addresses Special Condition if the project

-7-will be using relocation trawling. The email should contain when trawling will begin, expected project length, and when it is complete.

e. Post-Construction Reporting: Within 30 days of completing the work authorized by this permit, the Permittee shall submit a completed “SARBO Pre-and Post-construction” form (Attachment E) to the Reporting Addresses Special Condition.

P. South Atlantic Regional Biological Opinion: This permit does not authorize the Permittee to take an endangered species, in particular sea turtles, sturgeon, or any other endangered or threatened species under the purview of National Marine Fisheries Service (NMFS). In order to legally take a listed species, the Permittee must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a BO under ESA Section 7, with “incidental take” provisions with which you must comply). The NMFS South Atlantic Regional Biological Opinion (SARBO) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the incidental take statement set forth in the BO. The mandatory terms and conditions include adherence to the Project Design Criteria (PDC) applicable to the authorized project. Authorization under this permit is conditioned upon compliance with all of the mandatory terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the enclosed BO, which are incorporated by reference in this permit. Failure to comply with the terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the BO, would constitute noncompliance with this permit. In addition, failure to comply with the terms and conditions and reasonable and prudent measures associated with the incidental take statement set forth in the BO, where a take of a listed species occurs, would constitute an unauthorized take. The NMFS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

The Permittee understands and agrees that, even where it is in full compliance with the terms and conditions of the SARBO ITS and this permit, incidental take by the Permittee or other hopper dredging operations within the area covered by the SARBO may result in suspension or modification of this permit by the Corps. The amount of incidental take that will trigger suspension, and the need for any such suspension, is a discretionary decision that shall be determined by the Corps. The Permittee understands and agrees on behalf of itself, its agents, contractors, and other representatives, no claim, legal action in equity or for damages, adjustment, or other entitlement against the Corps shall arise as a result of such suspension or related action.

SARBO may be subject to revision at any time. The most recent version of these SARBO must be utilized during the design and construction of the permitted work. The Permittee

-8-is required to adhere to the most recent SARBO which can be viewed on the following website: https://www.fisheries.noaa.gov/content/endangered-species-act-section-7-biological-opinions-southeast

Q. Project timing: For each work event, the Corps will determine project timing and necessary minimization measures to reduce the risk of take of ESA-listed species through the Risk Based Adaptive Management process outlined in Section 2.9.2.2 and Appendix J of the 2020 SARBO. Additional timing requirements apply within the range of certain species, as outlined in the North Atlantic Right Whale Conservation Plan (Appendix F of 2020 SARBO) and sturgeon PDCs (Appendix E of 2020 SARBO). The Permittee shall submit a Pre-Construction Risk Assessment to the Reporting Addresses Special Condition using the format located in 2020 SARBO Appendix J.

The Assessment must be submitted by September 1st of each year work is anticipated to commence (e.g. for work planned in February 2022, the Pre-Construction Risk Assessment must be submitted by September 1, 2021). The Corps will provide a written response within 30 days of receipt. Work cannot occur until the Corps review and approves the proposed construction window in writing.

The impact of your proposal on navigation and the environment has been reviewed and found to be insignificant. The permit is hereby modified in accordance with your request. You should attach this letter to the permit. All other conditions of the permit remain in full force and effect.

If you have any questions concerning this permit modification, please contact the project manager Shannon White at the letterhead address, by telephone at 850-496- 3906 or by electronic mail at james.e.davidson2@usace.army.mil.

Thank you for your cooperation with our permit program. The Corps’ Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to complete our automated Customer Service Survey at http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware this Internet address is case sensitive; and, you will need to enter it exactly as it appears above. Your input is appreciated – favorable or otherwise.

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FOR THE COMMANDER:

JAMES L. BOOTH

Colonel, U.S. Army

District Commander

Enclosures:

Attachment A: Section 103(c) of the Marine Protection, Research, and Sanctuaries Act Concurrence Letter, EPA, June 10, 2022 (3 pages)

Attachment B: Jacksonville ODMDS Site Management and Monitoring Plan, EPA/USACE, 2014 (34 pages)

Attachment C: Mayport DMMU Dredging Unit Map (1 page)

Attachment D: Commencement Notification Form (1 page)

Attachment E: SARBO Pre and Post-Construction Form (1 page)

Attachment F: SARBO Take Reporting Form (1 page) cc:

CEAJ-PD-EC

CESAJ-RD-E

FOR:

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 4

ATLANTA FEDERAL CENTER

61 FORSYTH STREET, SW

ATLANTA, GEORGIA 30303-3104

June 10, 2022

Ms. Angela E. Dunn Chief Environmental Branch Jacksonville District U.S. Army Corps of Engineers 701 San Marco Boulevard Jacksonville, Florida 32207-8175

Dear Ms. Dunn:

This letter is in response to your request for concurrence on the proposed dumping of dredged material from the Operations and Maintenance (O&M) within Naval Station Mayport and Navy Fuel Pier into the Jacksonville Ocean Dredged Material Disposal Site (ODMDS).

Pursuant to Section 103(c) of the Marine Protection, Research, and Sanctuaries Act (Act), as amended, concurrence from the U.S. Environmental Protection Agency is based upon compliance with the criteria, conditions, and restrictions established pursuant to Sections 102(a) [environmental criteria], and Section 102(c) [disposal site designation and management] of the Act. Based upon our review of your request, as well as the supplemental information, the EPA has determined that the proposed material meets the Ocean Dumping Criteria (ODC).

This concurrence applies to project segments defined as maintenance areas throughout Naval Station Mayport, including navigation channels from the Entrance Channel, Bar Cut 3 to Station 210 +00, Turning Basin, Destroyer Slip, Small Boat Basin, and the Navy Fuel Pier. The volume of material to be dredged under O&M contracts is approximately 1.0 million cubic yards (CY) per year.

All dredged material is proposed for placement in Zone A of the Jacksonville ODMDS. Dredging may be conducted by either hydraulic or mechanical means.

Our concurrence is conditional on adherence to the load restrictions dictated by the Short-Term Fate of Dredged Material Model results. These load restrictions are necessary for the material to meet the ODC. The load restrictions associated with this concurrence for any single dump for mechanical dredges and for hydraulic dredges are specified by dredging unit in the enclosed table.

Our concurrence on the disposal of this material is also expressly contingent upon compliance with all specifications and conditions of the Jacksonville ODMDS Site Management and Monitoring Plan (SMMP). Water and material shall not overflow or leak excessively (i.e., no more than 1.5 feet of draft loss) while in route to the ODMDS. Disposal will be completed prior to leaving the ODMDS boundaries as indicated by hull status showing that the hopper doors are closed. Disposal of dredged material must not result in exceeding the depth restriction of -25 feet mean lower low water (MLLW). Pre- and post-disposal bathymetric surveys and disposal summary reports will be provided to the EPA.

The SMMP also requires the EPA to be notified of project initiation at least 15 days prior to commencement of work. All reporting shall be conducted consistent with the specifications of the SMMP. Disposal monitoring data shall be provided to the EPA electronically on a weekly basis.

The operator shall notify the USACE and the EPA within 24-hours (or next business day) if a violation of the permit and/or concurrence conditions occur during disposal operations. At no time may any debris be placed in the ODMDS.

Furthermore, this concurrence is expressly conditioned on the EPA’s review and approval of any relevant sections of the permit (contract) specifications addressing the transportation of dredged material to and the dumping of dredged material at the ODMDS. This concurrence is also expressly conditioned on final permit (contract) specifications that require the permittee/contractor to (and require the permittee/contractor to ensure that its subcontractors) comply with MPRSA, its implementing regulations, the conditions of the SMMP, and the conditions of this concurrence letter set forth above. A copy of the current SMMP must be provided to the permittee (or prospective contractors) and the EPA must be notified that the document has been provided to them. The EPA reserves the right to provide an amended concurrence if changes are required to manage the ODMDS.

Revisions to the SMMP may also require the EPA to provide an amended concurrence.

The EPA' s concurrence is effective for a three-year period as of the date of this letter. If you or your staff would like to discuss this matter or have any questions, please contact me at (404) 562- 9345, or have a member of your staff contact Mr. Gary W. Collins of my staff at (404) 562-9395.

Sincerely, Jeaneanne M. Gettle, Director Water Division

Enclosure

Enclosure – Load restrictions (per single load) based on STFATE model (cubic yards).

Dredging Unit (DU) Mechanical Hopper

1 9,000 13,500

2 3,000 3,000

3 2,100 2,100

4 9,000 13,500

5 9,000 13,500

Jacksonville ODMDS SMMP 2014

Jacksonville ODMDS Site Management and Monitoring Plan

1.0 INTRODUCTION

It is the responsibility of the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) under the Marine Protection, Research, and Sanctuaries Act (MPRSA) of 1972 to manage and monitor each of the Ocean Dredged Material Disposal Sites (ODMDSs) designated by the EPA pursuant to Section 102 of MPRSA. Section 102(c)(3) of the MPRSA requires development of a Site Management and Monitoring Plan (SMMP) for each ODMDS and review and revision of the SMMP not less frequently than every 10 years. The 1996 document, Guidance Document for Development of Site Management Plans for Ocean Dredged Material Disposal Sites (EPA/USACE, 1996) and the EPA, Region 4 and USACE South Atlantic Division Memorandum of Understanding (EPA/USACE, 2007) have been used as guidance in developing this SMMP.

A SMMP was first developed for the Jacksonville ODMDS in June 1997. It was revised in 2007 and further modified in 2010. This current revision to the Jacksonville ODMDS SMMP incorporates the expanded boundaries of the ODMDS. The SMMP provisions shall be requirements for all dredged material disposal activities at the site. All MPRSA Section 103 ocean disposal permits or contract specifications shall be conditioned as necessary to assure consistency with the SMMP.

1.1 Site Management and Monitoring Plan Team. An interagency SMMP team was established to assist EPA and USACE in developing the 1997 Jacksonville ODMDS SMMP. The team consisted of the following agencies and their respective representatives:

• USACE Jacksonville District

• State of Florida (Coastal Zone Management Office)

• EPA Region 4

• U.S. Navy (Naval Station Mayport)

• Port of Jacksonville

• National Marine Fisheries Service (NMFS)

• U.S. Coast Guard

These agencies will continue to be consulted in revisions to the Jacksonville ODMDS SMMP.

The team will assist EPA and USACE on deciding appropriate disposal practices, appropriate monitoring techniques, the level of monitoring, the significance of results, and potential management options.

U.S. EPA Region 4 / USACE Jacksonville District Page 1

Specific responsibilities of EPA and the USACE Jacksonville District are:

EPA: EPA is responsible for designating/de-designating MPRSA Section 102 ODMDSs, for evaluating environmental effects of disposal dredged material at these sites, and for reviewing and concurring on dredged material suitability determinations.

USACE: USACE is responsible for evaluating dredged material suitability, issuing MPRSA Section 103 permits, regulating site use, and developing and implementing disposal monitoring programs.

2.0 SITE MANAGEMENT

Section 228.3 of the Ocean Dumping Regulations (40 CFR 220-229) states: "Management of a site consists of regulating times, rates, and methods of disposal and quantities and types of materials disposed of; developing and maintaining effective ambient monitoring programs for the site; conducting disposal site evaluation studies; and recommending modifications in site use and/or designation."

2.1 Disposal Site Characteristics

The expanded Jacksonville ODMDS can be found in 40 CFR 228.15(h)(9). The site is located

4.4 nmi offshore and is 3.7 nautical mile (nmi) and 2.7 nmi by 1.3 nmi in size (4.56 nmi2) (Figure 1). As of 2014, it had a depth range of 9 to 19 meters (28 to 61 feet), with an average depth of 17 meters (56 feet). The site is centered at approximately 30 ο 19.289'N latitude and 81 ο

17.739’W longitude (NAD 83) or state plane coordinates 2176969.70 ft N and 562883.97 ft E (NAD83). The site coordinates are as follows:

Vertices1 Geographic2 (NAD83) State Plane3 (FL East 0901 Ft NAD83)

NW Corner (A) 30°21.514 'N 81°18.558 'W 2190467N 558614E Upper NE Corner (B) 30°21.514 'N 81°17.418 'W 2190451. N 564609E Interior Corner (C) 30° 20.50’ N 81° 17.43’W 2184390 N 564592 E Lower NE Corner (D 30°20.510 'N 81°17.012 'W 2184359. N 566729. E SE Corner (F) 30°17.829 'N 81°17.004 'W 2168112. N 566728 E SW Corner (E) 30°17.826 'N 81°18.536 'W 2168114. N 558665. E

1Figure 1 2Degrees, Decimal Minutes 3State Plane Florida East (feet)

U.S. EPA Region 4 / USACE Jacksonville District Page 2 http:562883.97 http:2176969.70

E

Jacksonville Mayport Naval Station A B

Jacksonville

ODMDS

C D

F

0 0.5 1 1.5 2

0 2 4 km

Figure 1. Jacksonville ODMDS Location Map

U.S. EPA Region 4 / USACE Jacksonville District Page 3

2.2 Management Objectives. Appropriate management of an ODMDS is aimed at assuring that disposal activities will not unreasonably degrade or endanger human health, welfare, the marine environment, or economic potentialities (MPRSA §103(a)). The primary objectives in the management of the Jacksonville ODMDS are:

• Protection of the marine environment;

• Documentation of disposal activities and compliance; and

• Maintenance of a long term disposal alternative for dredged material generated in the Jacksonville, Florida vicinity

The following sections provide the framework for meeting these objectives to the extent possible.

2.3 Disposal History and Dredged Material Volumes. The Jacksonville ODMDS and vicinity has been used for the ocean disposal of dredged material since 1952. Material disposed prior to 1970 and in the early 1970’s was disposed in an area 0.5 nautical miles east of the original Jacksonville ODMDS. In the late 1970’s material was disposed south of the original site. The expanded Jacksonville ODMDS now encompasses the areas of historical disposal. Table 1 summarizes the history of disposal of material.

Table 1. Historical Volumes of Dredged Material Placed in the Jacksonville ODMDS and Vicinity

Year

Dredged Material Quantity (cy) (in situ volume6) Jacksonville Federal Navigation Channel

Naval Station Mayport (permit)

Jacksonville Shipyards (permit) Total

1952–19701 4,461,594 3,992,997 0 8,454,591 1971–19801 2,652,407 3,048,844 0 5,701,251 19852 15,800 0 0 15,800 19862 0 0 109,700 109,700 19873 82,200 0 26,500 108,700 19882 210,500 0 0 210,500 19963 0 659,623 0 659,623 19973 0 439,748 0 439,748 20003 0 887,284 0 887,284 20014 0 174,832 0 174,832 20023 0 225,200 0 225,200 20033 560,446 905,328 0 1,465,774 20053 0 59,667 0 59,667 20063 0 888,134 0 888,134 20074 510,000 0 0 510,000 20084 0 635,000 0 635,000 2009 0 0 0 0

U.S. EPA Region 4 / USACE Jacksonville District Page 4

20104 0 174,941 0 174,941 20114 426,000 0 426,000 20124 48,000

3,597,6635 3,645,663

20134 57,621 20144 296,161 Total 9,024,568 15,985,422 136,200 25,009,990

1 Data from Jacksonville ODMDS EIS (USEPA 1983), in USEPA and USACE 2007 2 Data from the USACE Ocean Disposal Database in USEPA and USACE 2007 3 Data from the Jacksonville District Dredge Information System (paid in situ volumes), in USEPA and USACE 2007 4 Data from the Jacksonville District Post Disposal Monitoring Reports 5Volume is project total from 2010-2012. Total paid and unpaid in situ volume - 4,082,173 cy.

6 Volumes prior to 2011 are reported only as paid volumes. Actual volumes could be more.

Since 1995, Naval Station Mayport has utilized the Jacksonville ODMDS on a biannual basis for the disposal of maintenance dredging material. This material typically consists of silts, soft clays and sand mixtures. The Jacksonville Harbor Federal Navigation Project has used the site for disposal of coarse material not approved for beach placement from the Entrance Channel. It is expected that the Naval Station Mayport will continue to utilize the ODMDS, and the Jacksonville Harbor Federal Navigation Project will also continue to utilize the ODMDS for non-beach compatible material in the entrance channel. As upland disposal alternatives become limited, the volume from the Jacksonville Harbor Federal Navigation Project is expected to increase and additional permitted projects may identify a need for ocean disposal.

Maintenance dredged material volumes from the deepened Naval Station Mayport are expected to average 500,000 cubic yards annually. Maintenance dredged material volumes from the Jacksonville Harbor Navigation Project (Cuts 3 to 42) are expected to average 620,000 cubic yards annually. It is expected that most of this material will be placed in the nearshore placement area or in Buck Island (USACE, 2013). Some of this material may not be beach compatible and may need to be disposed in the ODMDS. Future new work projects include potential navigation improvements to Jacksonville Harbor. These improvements may result in additional dredged material disposal volumes of approximately 18 million cy based on dredging to the -47-foot project depth Locally Preferred Plan (LPP) (USACE 2014). Over the next ten years, 5.0 to 11.2 million cubic yards of maintenance material and approximately 18 million cubic yards of new work material for a total of 23 to 29.2 million cubic yards of dredged material are expected to be disposed in the ODMDS.

The capacity of the expanded Jacksonville ODMDS has been estimated at 65 million cubic yards

(EPA, 2012).

2.4 Dredged Material Characteristics.

2.4.1 Previously Placed Materials. The original Jacksonville ODMDS (Zone A) currently contains dredged materials that are extremely variable in composition. Materials placed in the Jacksonville ODMDS have historically consisted of rock, gravel, shell hash, silts, soft clays, and sand mixtures.

U.S. EPA Region 4 / USACE Jacksonville District Page 5

2.4.2. Anticipated Materials. Based on evaluation of currently permitted projects it has been determined that between twenty (20) and sixty (60) percent of dredged material to be placed in the ODMDS consists of silt and clay. Additionally, rock material associated with deepening projects is anticipated to constitute a considerable amount of material placed in the ODMDS.

Rock disposed at the ODMDS will be managed separately (see Section 2.7). Several currently permitted projects contain silty sand that is near-beach quality as established per the State of Florida, Department of Environmental Protection "Rules and Procedures for Application for Coastal Construction Permits" Chapter 62B-41.007(2) j (referred to as the ‘Sand Rule’). Silty sand will be placed within the sand-sharing system, to the maximum extent practical, and following the provisions of the Clean Water Act.

2.4.3 Associated Beach Quality Materials. USACE Beneficial Use of Dredged Material EM 1110-2-5026 requires dredged material be maximized within the coastal system. Dredged materials that qualify for beach or nearshore placement per the FDEP’s ‘Sand Rule’ shall be beneficially placed in such location, to the maximum extent practicable. It is expected that the State of Florida will exercise its authority and responsibility, regarding beach nourishment, to the full extent during any future permitting activities. Beneficial use of beach compatible dredged material for beach nourishment is strongly encouraged and supported by EPA.

2.4.4 Dredge Material Quality Verification. The suitability of dredged material for ocean disposal must be verified by the USACE and agreed to via written concurrence from EPA prior to disposal. Verification will be valid for three years from the most current verification.

Verification process:

1) Case-specific evaluation against the exclusion criteria (40 CFR 227.13(b))

2) Determination of testing requirements for non-excluded material based on the potential of sediment contamination since last verification.

3) When applicable, execute testing and determination of suitability of non-excluded material for ocean disposal.

Verification documentation for suitability will be completed prior to use of the Jacksonville ODMDS. Documentation will be in the form of a MPRSA Section 103 Evaluation. The Evaluation and any testing will follow the procedures outlined in the 1991 EPA/USACE Dredged Material Testing Manual and 2008 Southeast Regional Implementation Manual (SERIM) or the appropriate updated versions. This includes how dredging projects will be subdivided into project segments for sampling and analysis. The MPRSA Section 103 Evaluation will be in the form outlined in Appendix C of the SERIM. Water Quality Compliance determinations will be made using the STFATE (ADDAMS) model and the input parameters provided in Appendix A. Only material determined to be suitable through the verification process by the USACE and EPA, Region 4 will be placed at the Jacksonville

ODMDS.

U.S. EPA Region 4 / USACE Jacksonville District Page 6

2.5 Time of disposal. At present no restrictions have been determined to be necessary for disposal related to seasonal variations in ocean current or biotic activity. Dredging is typically restricted to the winter months due to sea turtle restrictions. As monitoring results are compiled, should any such restrictions appear necessary, disposal activities will be scheduled so as to avoid adverse impacts. During the winter, precautions necessary to protect whales, as described in the next paragraph, are required. Additionally, if new information indicates that endangered or threatened species are being adversely impacted, restrictions may be incurred.

2.6 Disposal Technique. No specific disposal technique is required for this site. However, in order to protect North Atlantic right whales, disposal vessel (either hopper dredge or tug and scow) speed and operation will be restricted in accordance with the most recent USACE South Atlantic Division Endangered Species Act Section 7 Consultation Regional Biological Opinion for Dredging of Channels and Borrow Areas in the Southeastern United States. In addition, the disposal vessel’s captain should be aware of the vessel approach restrictions in 50 CFR §224.103(c) which at the time of this SMMP prohibits approach within 500 yards of a right whale by vessel, aircraft, or any other means.

2.7 Disposal Location. All disposals will be initiated at least 500 feet from the east and west boundaries and 1000 feet from the north and south boundaries of the ODMDS. Disposal will be completed (i.e. doors closed) prior to leaving the ODMDS boundaries. Disposal shall occur in one of the release zones based on sediment type as described below and shown in Figure 2. The zone to be used will be determined at the time of project approval. The zone will be proposed by the USACE or other user and included as part of the MPRSA Section 103 Evaluation (Section 2.4). Zones will be selected to prevent mounding above -25 MLLW. The approximate area of each zone is as follows:

Release Zone Approximate Area (nmi2)

Zone A 0.82

Zone B-1 0.48

Zone B-2 0.48

Zone C-1 0.48

Zone C-2 0.48

Zone D-1 0.41

Zone D-2 0.41

U.S. EPA Region 4 / USACE Jacksonville District Page 7

Figure 2: Disposal Release Zones

2.7.1: Release Zone A – Original ODMDS. Material can continue to be disposed within the original ODMDS (Zone A). No more than 1 million cubic yards of material should be authorized for disposal in release Zone A in any one calendar year. Release Zone A coordinates are as follows:

Geographic (NAD83) State Plane (FL East 0901 Ft NAD83)

NW Corner 30°21.35'N 81°18.46'W 2189469.04 N 559111.32 E NE Corner 30°21.35'N 81°17.51'W 2189449.73 N 564102.64 E SW Corner 30°20.34'N 81°18.46'W 2183368.78 N 559129.37 E SE Corner 30°20.35'N 81°17.51'W 2183372.65 N 564089.81 E

U.S. EPA Region 4 / USACE Jacksonville District Page 8

Disposal shall be initiated within the disposal release zone. More specific release zones can be defined within this disposal zone on a per-project basis to better distribute dredged material throughout the area and to avoid shallow areas within Zone A.

2.7.2 Release Zone B- Fines. Predominately fine-grained material should be disposed in release Zone B. Project specific subzones should be designated for each project with the intent of disposing in the smallest area possible to minimize the amount of benthic habitat that is affected.

Zone B-1 should be used until a depth of -30 feet MLLW is reached prior to moving to Zone B-

2. The disposal zone coordinates are as follows:

Disposal Zone B-1 Geographic (NAD83) State Plane

(FL East 0901 Ft NAD83) NW Corner 30°20.34 'N 81°18.46 'W 2183368.78 N 559129.37 E NE Corner 30°20.35 'N 81°17.98 'W 2183391.95 N 561610.56 E SW Corner 30°19.17 'N 81°18.45 'W 2176246.32 N 559140.59 E SE Corner 30°19.17 'N 81°17.98 'W 2176246.32 N 561606.33 E

Disposal Zone B-2 Geographic (NAD83) State Plane

(FL East 0901 Ft NAD83) NW Corner 30°19.17 'N 81°18.45 'W 2176246.32 N 559140.59 E NE Corner 30°19.17 'N 81°17.98 'W 2176246.32 N 561606.33 E SW Corner 30°17.99 'N 81°18.44 'W 2169114.98 N 559163.16 E SE Corner 30°17.99 'N 81°17.98 'W 2169114.04 N 561610.02 E

2.7.3 Release Zone C – S and. Predominately sand and shell should be disposed in release Zone C. Disposal practices that disperse the material over a large area are encouraged. Project specific subzones should be specified for each project with the intent of dispersing the material over a large area. Zone C-1 should be used until a depth of -30 feet MLLW is reached prior to moving to Zone C-2. The disposal zone coordinates are as follows:

Disposal Zone C-1 Geographic (NAD83) State Plane

(FL East 0901 Ft NAD83) NW Corner 30°20.35 'N 81°17.98 'W 2183391.95 N 561610.56 E NE Corner 30°20.35 'N 81°17.51 'W 2183372.65 N 564089.81 E SW Corner 30°19.17 'N 81°17.98 'W 2176246.32 N 561606.33 E SE Corner 30°19.17 'N 81°17.51 'W 2176232.81 N 564092.35 E

U.S. EPA Region 4 / USACE Jacksonville District Page 9

Release Zone D-2– Sand or Rock.

Disposal Zone C-2 Geographic (NAD83) State Plane

(FL East 0901 Ft NAD83) NW Corner 30°19.17 'N 81°17.98 'W 2176246.32 N 561606.33 E NE Corner 30°19.17 'N 81°17.51 'W 2176232.81 N 564092.35 E SW Corner 30°17.99 'N 81°17.98 'W 2169114.04 N 561610.02 E SE Corner 30°17.99 'N 81°17.51 'W 2169113.82 N 564088.98 E

2.7.4 Release Zone D-1- Rock. Material consisting predominately of rock or portions of projects consisting of rock should be disposed in release Zone D-1. This area had previously been identified by the USACE as suitable for supporting rock placement. Project specific subzones shall be identified for each project starting in the northern portion of Zone D-1. The disposal zone coordinates are as follows:

Disposal Zone D-1 Geographic (NAD83) State Plane

(FL East 0901 Ft NAD83) NW Corner 30°20.35 'N 81°17.51 'W 2183372.65 N 564089.81 E NE Corner 30°20.34 'N 81°17.10 'W 2183358.17 N 566244.54 E SW Corner 30°19.17 'N 81°17.51 'W 2176232.81 N 564092.35 E SE Corner 30°19.17 'N 81°17.10 'W 2176246.32 N 566277.07 E

More specific release zones can be defined within this disposal zone on a per-project basis to specifically distribute rock material within Zone D.

2.7.5

Depending on future needs, sand or rock can be disposed in Zone D-2.

Rock: Material consisting of predominantly rock should be disposed in release Zone D-2 after Zone D-1 has been exhausted. Disposal shall occur as described for Zone D-1.

Sand: Material consisting of predominantly sand and shell should be disposed in release Zone D-2 after Zones C-1 and C-2 have been exhausted.

The disposal zone coordinates are as follows:

Disposal Zone D-2 Geographic (NAD83) State Plane

(FL East 0901 Ft NAD83) NW Corner 30°19.17 'N 81°17.51 'N 2176232.81 N 564092.35 E NE Corner 30°19.17 'N 81°17.09 'N 2176246.32 N 566277.07 E SW Corner 30°17.99 'N 81°17.51 'N 2169113.82 N 564088.98 E SE Corner 30°17.99 'N 81°17.10 'N 2169112.12 N 566227.81 E

U.S. EPA Region 4 / USACE Jacksonville District Page 10

2.8 Permit and Contract Conditions. The disposal monitoring and post-disposal monitoring requirements described under Section 3.0 Site Monitoring will be included with the management requirements described in this section as permit conditions on all MPRSA Section 103 permits and will be incorporated in the contract language for all federal projects. A summary of the management and monitoring requirements to be included is listed in Table 2. Template language that can be used is included in appendices (see Appendix B and C).

Table 2. Summary of Permit and Contract Conditions

Condition Reference

Dredged Material Suitability and Term of Verification

Jacksonville ODMDS SMMP page 7 Regional Implementation Manual

Disposal Zone Jacksonville ODMDS SMMP pages 9-12

Right Whale Avoidance Jacksonville ODMDS SMMP page 7-8 50 CFR 224.103(c)

Post Bathymetric Surveys Jacksonville ODMDS SMMP page 14 and 15

Disposal Monitoring Jacksonville ODMDS SMMP page 14-15

Reporting Requirements Jacksonville ODMDS SMMP page 23 and 27

2.9 Permit Process. All disposal of dredged material in the ocean, with the exception of Federal Civil Works projects, requires an ocean dumping permit issued by the USACE pursuant to Section 103 of the MPRSA. A summary of the permitting process can be found at:

http://www.epa.gov/region4/water/oceans/Dredged_Material_Permit_Process.htm.

2.10 Information Management of Dredged Material Placement Activities. As discussed in the following sections, a substantial amount of diverse data regarding use of the Jacksonville ODMDS and effects of disposal is required from many sources. If this information is readily available and in a useable format it can be used to answer many questions typically asked about a disposal site:

o What is being dredged?

o How much is being dredged?

o Where did the dredged material come from?

o Where was the dredged material placed?

o Was dredged material dredged correctly? Disposed correctly?

o What will happen to the environment at the disposal site?

In an attempt to streamline data sharing, EPA Region 4 and USACE South Atlantic Division have agreed on an eXtensible Markup Language (XML) standard for sharing of disposal monitoring data (see also Section 3.6). Additional standards will continue to be investigated for

U.S. EPA Region 4 / USACE Jacksonville District Page 11 http://www.epa.gov/region4/water/oceans/Dredged_Material_Permit_Process.htm sharing of other disposal site related information (e.g. environmental monitoring data, testing data, etc.).

3.0 SITE MONITORING

The MPRSA establishes the need for including a monitoring program as part of the SMMP. Site monitoring is conducted to ensure the environmental integrity of a disposal site and the areas surrounding the site and to verify compliance with the site designation criteria, any special management conditions, and permit requirements. Monitoring programs should be flexible, cost effective, and based on scientifically sound procedures and methods to meet site-specific monitoring needs. The intent of the program is to provide the following:

(1) Information indicating whether the disposal activities are occurring in compliance with the permit and site restrictions;

(2) Information indicating the short-term and long-term fate of materials disposed of in the marine environment;

(3) Information concerning the short-term and long-term environmental impacts of the disposal.

The main purpose of a disposal site monitoring program is to determine whether dredged material site management practices, including disposal operations, at the site need to be changed to avoid significant adverse impacts.

3.1 Baseline Monitoring. Disposal has occurred in the area since 1952. Therefore, no true baseline information has been or can be collected. The results of investigations presented in the 1978 designation EIS (EPA, 1983), the 2010 designation studies (ANAMAR, 2011), and subsequent surveys listed in Table 3 will serve as the main body of data for the monitoring of the impacts associated with the use of the Jacksonville ODMDS.

A baseline bathymetric survey will be conducted prior to the first use of each release zone.

Surveys will conform to the minimum performance standards for Corps of Engineers Hydrographic Surveys for “Other General Surveys & Studies” as described in the USACE Engineering Manual, EM1110-2-1003, Hydrographic Surveying dated January 1, 2002 [http://140.194.76.129/publications/eng-manuals/em1110-2-1003/toc.htm]. The number and length of transects required will be sufficient to encompass the release zone and a 500 foot-wide area around it. The surveys will be taken along lines spaced at 500-foot intervals or less. The minimum performance standards from Table 3-1 Hydrographic Surveying shall be followed.

Horizontal location of the survey lines and depth sounding points will be determined by an automated positioning system utilizing a differential global positioning system. The vertical datum will be referenced to prescribed NOAA Mean Lower Low Water (MLLW) datum. The horizontal datum should be referenced to the local State Plane Coordinate System (SPCS) for that area or in Geographical Coordinates (latitude-longitude). The horizontal reference datum should be the North American Datum of 1983 (NAD 83). No additional pre-disposal monitoring at this site is required.

U.S. EPA Region 4 / USACE Jacksonville District Page 12 http://140.194.76.129/publications/eng-manuals/em1110-2-1003/toc.htm

3.2 Disposal Monitoring. For all disposal activities, an electronic tracking system (ETS) must be utilized. The ETS will provide surveillance of the transportation and disposal of dredged material. The ETS will be maintained and operated to continuously track the horizontal location and draft condition (nearest ±0.1 foot) of the disposal vessel (i.e. hopper dredge or disposal scow) from the point of dredging to the disposal site and return to the point of dredging. Data shall be collected at least every 0.25 nautical miles or every 4 minutes during travel to and from the ODMDS and every twelve seconds or every 30 feet of travel, whichever is smaller, while the hull status is open within the ODMDS. In addition to the continuous tracking data, the following trip information shall be electronically recorded for each disposal cycle:

a. Load Number

b. Disposal Vessel Name and Type (e.g. scow)

c. Estimated volume of Load

d. Description of Material Disposed

e. Source of Dredged Material

f. Date, Time and Location at Initiation and Completion of Disposal Event

It is expected that disposal monitoring will be conducted utilizing the Dredge Quality Management (DQM) system for Civil Works projects [see http://dqm.usace.army.mil/Specifications/Index.aspx], although other systems are acceptable.

Disposal monitoring and ETS data will be…