Pier 36 - Water Quality Control Board Certification

California Regional Water Quality Control Board San Francisco Bay Region

1515 Clay Street, Suite 1400, Oakland, California 94612 Matthew Rodriquez Secretary for

Environmental Protection

Edmund G. Brown Jr.

Governor

Preserving, enhancing, and restoring the San Francisco Bay Area’s waters for over 60 years

Recycled Paper

(510) 622-2300 FAX (510) 622-2460

http://www.waterboards.ca.gov/sanfranciscobay

August 15, 2011 Site No. 02-38-C0135 (XF) CIWQS Place No. 767788

Sent via electronic mail: No hard copy to follow

United States Army Corps of Engineers, San Francisco District 1455 Market Street, 15th Floor San Francisco, CA 94103 Attn.: Mr. Justin Kosta, Physical Scientist Email: Justin.M.Kosta@usace.army.mil

Port of San Francisco Pier 1 San Francisco, CA 94111 Attn.: Mr. Steven Reel Email: Steven.Reel@sfport.com

Subject: Conditional Water Quality Certification for the Pier 36/Brannan Street Wharf Project, San Francisco County

Dear Mr. Kosta and Mr. Reel:

We hereby issue conditional water quality certification for the proposed construction of the Pier 36/Brannan Street Wharf Project (Project). The U.S. Army Corps of Engineers, Environmental Section and Port of San Francisco (Applicants) have applied to the U.S. Army Corps of Engineers (USACE), Regulatory Branch for Nationwide Permit 13 (Bank Stabilization) pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). As such, the Applicants have also applied to the San Francisco Bay Regional Water Quality Control Board (Water Board) for a CWA Section 401 water quality certification (401 Certification) that the project will not violate State water quality standards.

The Water Board received a preliminary application for a 401 Certification on June 22, 2011. On June 27, 2011, the Water Board notified the Applicants that to be complete, the final signed application for a 401 Certification (Application) would need to include the following: (1) the 404 permit, including the nationwide permit number, added to the table of permits provided in Appendix B; (2) Complete copies of all federal permit applications submitted to date; (3) a complete copy of the Essential Fish Habitat Recommendations issued by NOAA; (4) complete copies of any local permits issued to date (or draft copies if not finalized) or a note indicating mailto:Justin.M.Kosta@usace.army.mil mailto:Steven.Reel@sfport.com

Mr. Kosta, USACE, San Francisco District - 2 - Conditional Water Quality Certification Mr. Reel, Port of San Francisco CIWQS Place No. 767788 that copies of local permits were unavailable; (5) the fill information associated with maintenance and modification of the seawall in acres and linear feet as well as cubic yards; and

(6) the full fee required in State regulations (23 CCR Section 3833). On June 30, 2011, the Water Board received a memo via email describing the post-construction stormwater measures that would be implemented by the Port of San Francisco. The Water Board responded on June 30, 2011, with an inquiry into whether additional shrubs or trees could be incorporated into the final landscape as a measure to minimize pollutants in stormwater. On June 30, 2011, the Port of San Francisco confirmed via email that shrubs could be incorporated into the final landscape of the New Brannan Street Wharf. On June 30, 2011, the Water Board also received an unsigned Application without the full fee. In addition, documentation of compliance with the California Environmental Quality Act (CEQA) was not provided. On July 5, 2011, the Water Board received a copy of the San Francisco Planning Department’s certification of the Final Environmental Impact Report (FEIR), thereby documenting CEQA compliance. On July 6, 2011, the Water Board received the Application signed by the USACE. On July 12, 2011, the Water Board notified the Applicants that the Application was incomplete because the address and signature of the Port of San Francisco was missing. On July 15, 2011, the Water Board received Application pages with the Port of San Francisco’s address and signature. On August 2, 2011, the Water Board received the full fee of $1,242.00, thereby completing application requirements.

Project: The Project seeks to (1) provide a major public park in the South Beach waterfront, (2) remove blight, and (3) work with the San Francisco Bay Conservation and Development Commission (BCDC) to implement shared public open space objectives. It will encompass 156,000 square feet (3.6 acres) and will include the existing Pier 36, three bulkhead wharf sections (Sections 11a, 11, and 12), a portion of seawall, and adjacent waters of the San Francisco Bay. It will be located between Pier 30-32 and Pier 38, on the San Francisco Bay waterfront, in the Rincon Point – South Beach area of San Francisco’s South of Market District (Assessor’s Block 9900, Lots 034 and 036; Latitude: 37.783528, Longitude: -122.387718).

To achieve the three primary objectives, the Project will demolish the existing Pier 36 (about 133,000 square feet), repair and slightly alter the existing seawall, and construct a new 57,000 square foot public open space, known as the Brannan Street Wharf. The demolition of Pier 36 will involve removing the platform, a partially collapsed timber wharf extension, and the support piles for the platform and wharf extension. In addition, underwater debris left previously from the demolition of Pier 34 will be removed from along the wharf edge where feasible. Demolition activities will be conducted from the water using a barge-mounted marine crane and from land using a crawler crane. Timber mats will be used to catch debris and dump barges will be used to transport materials off site to an authorized upland disposal site. The piles currently supporting Pier 36 will be removed using a derrick barge and excavator. Each pile will be rocked back and forth to free the belled end using the excavator and then lifted out using the derrick. Piles that break off will be removed as is, leaving the bell in place.

In addition, there will be minor repair and alteration of the concrete seawall extending along the Embarcadero between Piers 30-32 and Pier 38. Although the sea wall is in fair condition, it

Mr. Kosta, USACE, San Francisco District - 3 - Conditional Water Quality Certification requires maintenance to repair cracks and to accommodate the interface with the new Brannan Street Wharf structure. Repair of the seawall will include sealing cracks and patching spalls in the concrete wall and placing riprap on top of the existing mud slope. It may also require installation of new piles, tie-backs, and/or new concrete overlay on the face of the wall.

The new Brannan Street Wharf will be a roughly triangular shape extending 830 feet, and varying in width from about 10 feet at the northern end to approximately 140 feet at the southern end. It will consist of a 26,000 square-foot raised lawn, shade structures, tables, chairs and benches, litter receptacles, drinking fountain, lighting, space for public art installations, an interpretive exhibit, and a small craft float with accessible gangway. The deck will consist of a mixture of precast and cast-in-place concrete components, topped by a cast-in-place architectural finish slab. Portions of the deck will also have glass paving blocks and/or deck prisms to allow light penetration to bay water below the wharf. The deck will be supported by approximately 261 piles that will be driven to depths of more than 60 feet below the mudline. In addition, four piles will be installed to support the floating structure.

The wharf and pier demolition are expected to be completed within 6 months of the start of activities, and the new wharf construction is expected to be completed within 13 months.

Demolition of the existing wharf structures is expected to begin in November 2011, and be completed in May 2012. Project construction is expected to begin in May 2012, and be completed in June 2013. The proposed project will be conducted during normal working hours (7 am to 6 pm), except for a section of wharf near Pier 32, which will require double shifts to minimize impacts to traffic on the Embarcadero.

Impacts: The Project could indirectly impact waters of the state during demolition and construction. During demolition and construction, removing the pier deck, dilapidated wharf and piles, stockpiling debris, and other activities may impact water quality by releasing debris into the Central San Francisco Bay. In addition, accidental releases of both hazardous materials used and contaminants encountered during demolition and construction may impact water quality.

The Project will also directly impact 0.483 acres of San Francisco Bay by installing 261 new piles, constructing a new wharf deck, and repairing the existing seawall.

Mitigation: The Project is water dependent; therefore, impacts could not be avoided entirely.

The Applicants minimized impacts to the maximum extent practicable by reducing the footprint of the wharf relative to the existing Pier 36. In addition, the Applicants will implement best management practices (BMPs) to prevent and clean up accidental releases of debris, fuel, oil, and other waste materials (hazardous or otherwise) into waters of the state during demolition and construction as described in the Application and as specified in the Statewide National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges of Stormwater Associated with Construction Activities (Order No. 2009-0009-DWQ).

Mr. Kosta, USACE, San Francisco District - 4 - Conditional Water Quality Certification

As mitigation for pollutant loads associated with post-construction stormwater runoff from the New Brannan Street Wharf, impervious areas will be swept and shrubs will be planted along the perimeter of the raised lawn and in the planter box adjacent to the lawn.

To mitigate for pollutant loads associated with pesticide and fertilizer applications to the 26,000 square-foot lawn that will be place on the New Brannan Street Wharf, the Applicants will submit and implement an Integrated Pest Management (IPM) Plan. The IPM will provide a sustainable approach to managing pests by combining biological, cultural, physical and chemical tools in a way that minimizes economic, health, and environmental risks. In the case of the New Brannan Street Wharf, the IPM Plan will focus on the use of native or Mediterranean plants suited to San Francisco’s climate.

To compensate for unavoidable temporary and permanent impacts to the San Francisco Bay, including temporal losses in functions, the Project will directly benefit 1.10 acres of San Francisco Bay by removing 350-400 creosote treated wood piles, 350-400 concrete encased piles, the dilapidated pier platform, and a partially collapsed timber wharf extension from the San Francisco Bay. Removal degraded creosote treated wood piles and dilapidated structures will reduce both the amount of fill and the amount of toxic compounds in the San Francisco Bay.

In addition, the Project will reduce the amount of shade over the water thereby resulting in a net benefit to fish habitat.

California Wetlands Portal: It has been determined through regional, state, and national studies that tracking of mitigation/restoration projects must be improved to better assess the performance of these projects, following monitoring periods that last several years. In addition, to effectively carry out the State’s Wetlands Conservation Policy of no net loss to wetlands, the State needs to closely track both wetland losses and mitigation/restoration project success. Therefore, we require that the applicant use the California Wetlands Form to provide Project information related to impacts and mitigation/restoration measures (see Condition No. 6 of this Certification). An electronic copy of the form and instructions can be downloaded at:

http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml. Project information concerning impacts and mitigation/restoration will be made available at the web link:

http://www.californiawetlands.net.

CEQA: The San Francisco Planning Department, as lead agency for CEQA, certified an Environmental Impact Report for the Project on June 16, 2011.

Certification: I hereby issue an order certifying that any discharge from the referenced project will comply with the applicable provisions of Sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml http://www.californiawetlands.net/

Mr. Kosta, USACE, San Francisco District - 5 - Conditional Water Quality Certification

State Water Quality Certification" which requires compliance with all conditions of this Water Quality Certification. The following conditions are associated with this certification:

1. The Project shall be constructed in conformance with the Project description provided in the Application and emails dated June 30, 2011. Any changes to information provided in the Application must be submitted to the Water Board’s Executive Officer for review and approval before the changes are implemented.

2. Within 7 days of initiating the Project, the Applicants shall notify the Water Board that the Project has begun and provide the start date of the Project. In addition, within 7 days of completing the Project, the Applicants shall notify the Water Board that the Project has been completed and provide the completion date of the Project.

3. This certification does not allow for the take, or incidental take, of any special status species.

The Applicants shall utilize the appropriate protocols, as approved by the California Department of Fish and Game and/or the U.S. Fish and Wildlife Service, to ensure that project activities do not adversely impact water quality or the Beneficial Use of the Preservation of Rare and Endangered Species.

4. To avoid the leaching of copper and other chemicals toxic to fish into the water column and sediment, only piles consisting of inert materials shall be installed. These materials may include steel, concrete, untreated wood, composite, reinforced plastic or polyethylene-coated treated wood. Platform and gangway decking shall consist of steel, concrete, plastic or untreated wood, coated with a non-slip marine decking paint. If structurally feasible, frame materials supporting the docks and piers shall be constructed from alternatives to chemically treated timber. If treated wood is used, it shall be painted with a double coating of a durable, non copper-based marine paint specifically designed for the wear and weather of outdoor marine environments.

5. All work performed within waters of the State shall be completed in a manner that minimizes impacts to water quality. As described in the Application, a project-specific environmental protection plan will be developed and implemented to prevent and clean up accidental discharges of debris, rubbish, creosote-treated wood, soil, silt, sand, fuel, oil or other petroleum products, cement, concrete, or washings thereof, or other construction related materials or wastes. The project-specific environmental protection plan shall include the BMPs specified in Appendix B of the Application and shall provide detailed information on the handling and disposal of all waste materials. The project-specific environmental protection plan shall be submitted to the Water Board for review and approval before demolition or construction can commence.

6. The Applicant is required to use the standard California Wetlands Form to provide Project information describing impacts and restoration measures within 14 days from the date of this certification. An electronic copy of the form can be downloaded at:

Mr. Kosta, USACE, San Francisco District - 6 - Conditional Water Quality Certification http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml. The completed form shall be submitted electronically habitatdata@waterboards.ca.gov or shall be submitted as a hard copy to both (1) the address on the letterhead (or to the Water Board), to the attention of California Wetlands Portal and (2) to the San Francisco Estuary Institute, 7770 Pardee Lane, 2nd Floor, Oakland, CA, 94621 to the attention of Mike May.

7. Within 60 days of completing construction of the Project, the Applicants shall submit an as-built report of the Project to the Water Board. The as-built report shall include revised project plans showing the actual areas of disturbance and the materials used to construct the New Brannan Street Wharf. The as-built report shall be submitted either by uploading them to the California Wetlands Portal at http://www.californiawetlands.net or via mail (see the address on the letterhead). If the as-built plans are submitted by uploading them to the California Wetlands Portal, the Applicants shall notify the Water Board via email that the files have been uploaded.

8. To mitigate for permanent impacts to 0.483 acres of San Francisco Bay, the Applicants shall remove creosote treated wood piles, concrete encased piles, a dilapidated pier platform, and a partially collapsed timber wharf extension from San Francisco Bay; thereby, creating a net benefit of 1.1 acres. The success of the mitigation shall be determined by a review of the as-built report required in Condition 7 above.

9. Before beginning construction of the New Brannan Street Wharf, the Applicants shall prepare and submit an IPM Plan to the Water Board for review and approval. The IPM Plan shall specify measures that will be implemented to minimize the use of pesticides and fertilizers at the project site. Construction of the New Brannan Street Wharf shall not commence until the IPM Plan has been approved by the Water Board.

10. If the Project will disturb 1 or more acres of land, the Applicants shall obtain coverage under the State National Pollutant Discharge Elimination System General Permit for Discharges of Storm Water Associated with Construction and Land Disturbance Activities (Order No.

2009-0009-DWQ; Construction General Permit). Instructions for obtaining coverage under the Construction General Permit are available on-line at http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml.

11. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section 13330 and Section 3867of the California Water Code (CWC), Title 23 of the California Code of Regulations (23 C.C.R.).

12. Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 23 C.C.R. Subsection http://www.waterboards.ca.gov/sanfranciscobay/certs.shtml mailto:habitatdata@waterboards.ca.gov http://www.californiawetlands.net/ http://www.californiawetlands.net/ http://www.californiawetlands.net/ http://www.californiawetlands.net/ http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml

Mr. Kosta, USACE, San Francisco District - 7 - Conditional Water Quality Certification

3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.

13. Certification is conditioned upon total payment of the full fee required in State regulations (23 CCR Section 3833) and owed by the Applicants. The fee for the proposed project, $1,242.00, has been paid in full.

This certification applies to the project as proposed in the application materials. Please be advised that failure to implement the project as proposed is a violation of this water quality certification. Violation of water quality certification is a violation of state law and is subject to administrative civil liability pursuant to CWC Section 13350. Failure to meet any condition of a certification may subject you to civil liability imposed by the Water Board to a maximum of $5000 per day of violation or $10 for each gallon of waste discharged in violation of the certification. Also, any requirement for a report made as a condition to this action (e.g., Condition Nos. 2, 5, 6, 7 and 9) is a formal requirement pursuant to CWC Section 13267, and failure to submit, late or inadequate submittal, or falsification of such technical report(s) is also subject to civil liability pursuant to CWC Section 13268.

Should new information come to our attention that indicates a water quality problem with this project, the Water Board may issue Waste Discharge Requirements pursuant to 23 CCR Section 3857.

If you have any questions, please contact Xavier Fernandez of my staff at (510) 622-5685 or by e-mail at xafernandez@waterboards.ca.gov.

Sincerely, Bruce Wolfe Executive Officer

Cc: SWRCB, DWQ, Stateboard401@waterboards.ca.gov BCDC, Ming Yeung, mingy@bcdc.ca.gov CDFG, George Isaac, gisaac@dfg.ca.gov U.S. EPA, Region IX, WTR-8, 401 Mailbox, R9-WTR8-Mailbox@epa.gov NOAA, National Marine Fisheries Service:

Monica Angelis, Monica.DeAngelis@noaa.gov Korie Schaeffer, Korie.Schaeffer@noaa.gov Gary Stern, gary.stern@noaa.gov USACE, SF Regulatory Branch:

Robert Smith, robert.f.smith@usace.army.mil mailto:xafernandez@waterboards.ca.gov mailto:mingy@bcdc.ca.gov mailto:gisaac@dfg.ca.gov mailto:Monica.DeAngelis@noaa.gov mailto:Korie.Schaeffer@noaa.gov mailto:gary.stern@noaa.gov

Mr. Kosta, USACE, San Francisco District - 8 - Conditional Water Quality Certification

Cameron Johnson, cameron.l.johnson@usace.army.mil Jane Hicks, jane.m.hicks@usace.army.mil