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HomeMy WebLinkAboutSS2 - General Dredging Permit No. 54 Update• Regional General 1"0 f Permit No. 54 Update Newport Beach City Council Study Session November 14, 2006 What i* Regional General Permit No. 54 and why is important to the operation of Newport Harbor? • A Regional General Permit is a programmatic permit whereby local property owners apply to the City for permission to dredge within their dock area and accomplish certain qualifying dock repair and replacement projects. • The City, in -turn, is issued a letter of permission after review by the Regulatory Agencies. This process saves the property owners time, money, and frustration in dealing with Regulatory Agencies and the highly technical analyses required. Individual Permits obtained outside the RGP can take 6 to 18 41 months to acquire. - Under previous RGP's, project permits have taken 3 to 8 months to acquire. - Under the new RGP, we have negotiated a new process that is intended to provide a one month turn around. We are optimistic that the regulatory agencies will be able to accomplish this goal. it w ? - Is RGP 54 something new? • An RGP has been used for dredging projects in Newport Harbor since 1976. • The RGP term was initially 10 years; however the last three issuances have been for 5 year durations. • The RGP form and function has evolved with every version and generally reflect the latest state and federal policy in general and site specific permit conditions. • The inclusion of residential dock repair and replacement projects in the RGP is new with this permit and is limited to a three year trial period. This was a precedent setting action for the Coastal Commission. We will be closely monitored by Coastal Commission staff and we hope to expand the permit to include commercial docks in the future. si'F `` h. What effort was involved in the renewal of RG P -54? • In October, 2004 Harbor Resources published a Request for Proposals (RFP) to retain the services of an analytical services consultant. • On March 8, 2005 the City Council awarded a $350,000 contract to Weston Solutions to: - Prepare a sampling and Analysis Plan (SAP) - Assist in negotiating the approval of the SAP - Collect 72 sediment core samples throughout the harbor - Perform the necessary chemical, physical, bioaccumulation and bioassay analyses - Prepare a technical report describing the results • - Assist the City in presenting results to the Regulatory Agencies • In December, 2005, the Regulatory Agencies approved the results. • From October, 2004 until December, 2005 staff met with the agencies several times to negotiate the terms of the permit not related to the technical data. ;what effort was involved in the renewal y`- of RGP -54? (continued) • The negotiations could only proceed when the permanent designation of LA -3 was completed in January, 2006. LA -3 is an ocean disposal site for dredged material that is about 4 112 miles southwest of the harbor entrance and is a critical component of the RGP because this disposal site is needed for sediment that is not suitable for beach replenishment. • Initially, EPA approved disposal of all of the fine grained material at LA -3. However, Corps of Engineers found that a composite sample of the west end of the Lower Bay was slightly higher in Mercury concentration than a commonly used Effect Range Medium (ER -M) standard allows. • Based on this data the Corps decided that beach replenishment would not be allowed in the western end of the harbor. EPA followed with disallowing any disposal at LA -3 from the western half of the harbor. • Harbor Resources requested permission to resample that area for Mercury so that restrictions could be limited to only specific problem areas. "What effort was involved in the renewal of RGP -54? (continued) • The re- sampling for Mercury found three problem sites — two • in the West Lido Channel and one near the 15th St. Public Pier. • Negotiations continued and it was determined that until further refinement of the location of Mercury contamination could be completed, dredging in the West Lido Channel and in an area 1000 feet surrounding 15th Street public pier would not be allowed under the RGP. • Harbor Resources submitted an sampling and analysis plan • that would progressively zoom in on target areas until a point source of contamination was found. We are waiting agency approval of the plan. • We emphasized to the agencies that it was critical to begin dredging projects elsewhere in the harbor and requested that the permits be issued with exceptions. 'What effort was involved in the renewal of RGP -54? (continued) A • In the coastal permit issuance process, many of the agencies • strive to be the last to issue the permit . • On October 12, 2006 the final permit was issued by the Coastal Commission. • The final set of RGP permits are based on regulations of or input from the following agencies: - California Coastal Commission - U.S. Army Corps of Engineers - Environmental Protection Agency - California Regional Water Quality Control Board - California State Lands Commission - California Department of Fish and Game - U.S. Fish and Wildlife Service - NOAA/ Marine Fisheries - U.S Coast Guard. What are the p the RG 0 ermit conditions under P for dredging? A: �eneral Dredging Requirements • Dredging operations authorized in this permit are limited to the areas with existing authorized docks or bulkheads in Upper and Lower Newport Bay. • Dredging quantities are limited 1000 cubic yards per site per year and depending on grain size, disposal can be at either LA -3 or a local beach. • If beach disposal is chosen, discharged material must be within 1000 feet of the authorized dredge site. • Dredging operations are limited to -7 feet MLLW with a 1 foot allowable overdraft. Deeper dredging may be allowed if the permittee can demonstrate the location has had a historically deeper design depth and additional samples are taken. • The Rhine Channel, Newport Island, Promontory Bay areas and the West Lido Channel or from within 1000 feet in any direction from 15th Street public pier are not eligible for sediment dredging or disposal operations under this RGP. These areas may become eligible depending on the results of further analysis. What are the RGP for do permit conditions under the ck repair and replacement? m Geeral Dock Construction Requirements • The Corps' RGP 54 authorizes limited bulkhead repairs and minor modifications. However, all bulkhead work requires separate review by the California Coastal Commission. • Replacement of piers, docks, and gangways is allowed in -kind and in the existing alignment, unless an alternative alignment, in compliance with the City of Newport Department's Harbor Design Criteria, Corps and CCC. Beach Harbor Resources is authorized in writing by the • Only concrete piles or steel piles with a non -toxic coating may be authorized under this permit. • Permittees are required to comply with special water quality protection measures related to boat cleaning and maintenance, waste management, and oil and fuel control management measures. Cr' • What are the eelgrass related requirements under the RGP ? Gen e`il Eelgrass and Caulerpa Requirements • All projects must be surveyed for presence of eelgrass • within the project footprint and out to thirty feet in all directions from proposed project footprint; • RGP 54 does not apply to work upon any docks, floats, piers, pilings, bulkheads, dredging or beach nourishment projects where eelgrass is found 15' or less from the proposed project footprint. • • For dredging projects, where the dredged material will be placed on a beach or in front of an existing bulkhead, eelgrass monitoring requirements apply if eelgrass is present between 15 -30 feet from the proposed dredge material disposal footprint. General Eelgrass and Caulerpa Requirements (continued) • For dock, float, pier, piling and bulkhead repair, modification or replacement projects, any eelgrass present at the site must be located greater than 15 feet (in any direction) away from the proposed project footprint. • All eelgrass survey /mapping efforts must be completed during the active growth phase (typically March through October) and shall be valid for a period of 120 days with • the exception of surveys completed in August - October which shall be valid until the resumption of active growth ( March 1). • A pre- construction survey of the project area for Caulerpa shall be conducted in not earlier than 90 calendar days nor later than 30 days prior to planned construction . General Reporting Requirements • The Regulatory Agencies will accept submittals from the City of Newport Beach in batch form only, once per calendar month, with a certification letter confirming that the submittals are compliant with all permit conditions. The list of pre - project submittal items is long and extensive and we will rely on local contractors to provide much of the required information accurately. • Pre and post dredge depth surveys are required for dredging projects. The post dredge survey is color coded so the agencies can quickly determine permit violations during construction. • Extensive pre, during and post construction notification and reporting is required to keep multiple agencies informed on activities in Newport Bay. • National monitoring standards are applied to Newport Bay including the requirement to electronically monitor the position of the dredging dump scow throughout the disposal trip to LA -3 on a real time basis and posting to a website viewable by the Regulatory Agencies. • Annual Summary reports are also required to further document permit compliance. What is the cost per RGP project for permit acquisition and administration? • Over the five year life of the permit we will i process about 200 dredging permits and about 550 dock repair and replacement permits. • Considering that the total cost of acquiring and administering the RGP over the five year life of the permit is about $650,000 (including 2 '/2 years of staff time for permit application and negotiations, 5 years of staff administration, technical analyses and consultants), then the cost per project to the City is about $870.00. • Project Fees • City Dredging Permit Fee - $489.00 • Dock Repair and Replacement Fee — payable at time of building permit acquisition and based on project valuation — average cost about $600.00 • Dredging and Dock Repair and Replacement Projects both require a $60.00 fee payable to California Regional Water Quality Control Board th k,1 HomrAoes the RGP fit in an overall plan to maintain and improve the Harbor? • RGP -54 is more detailed and protective of the Newport Bay environment than it has been in the past. • Eelgrass related restrictions have historically reduced the number of dock replacement and dredging projects that can be performed under the RGP and this will continue. • However, the grant that the City received to prepare a Harbor Area Management Plan and our project to plant eelgrass mitigation banks should help alleviate the impact. • Harbor Resources has met with local contractors that perform waterfront projects and we are developing forms, notices and procedures to effectively implement projects under the new permit and provide better service to Newport Beach waterfront residents. • Local small project dredging is an important component of a comprehensive program of sediment management that includes source control in the watershed, flood control basin cleanup, Upper Newport Bay basin dredging, Rhine Channel remediation and Lower Bay dredging of federal navigation channels.