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HomeMy WebLinkAbout17 - Harbor Regional Dredging Permit9 4��WP�gT CITY OF NEWPORT BEACH °�4 oaN'' City Council Staff Report Agenda Item No. 17 February 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David Webb, Public Works Director 949 - 644 -3311, dawebb @newportbeachca.gov PREPARED BY: Chris Miller, Harbor Resources Manager 949 - 644 -3043, cmiller @newportbeachca.gov APPROVED: � Q It �►n Ili U TITLE: Approve Budget Amendment for the 2014 Harbor Regional General Dredging Permit ABSTRACT: The harbor's Regional General Permit 54 ( "RGP -541 expires in March 2014, and planning has begun for the next iteration of the permit which will last five years. This Budget Amendment will fund the selection of a consultant who will develop a "Sampling and Analysis Plan," (i.e. a plan for sediment testing) and permit submittals — work which will be completed during the remainder of this fiscal year. RECOMMENDATION: Approve Budget Amendment No. 13BA- 03-1 appropriating $100,000 from the unappropriated Tidelands Fund reserves to Account No. 7231- C4401001 for professional services related to the 2014 dredging Regional General Dredging Permit. FUNDING REQUIREMENTS: The Budget Amendment will be deposited into account 7231- C4401001 and will be used to partially fund the initial stages of permit acquisition for the 2014 Regional General Permit. The remainder of the permit work (agency permit negotiations and sediment testing) will be funded in the FY 2013/14 budgeted program funds. DISCUSSION: The City's RGP -54 is a blanket dredging permit for the harbor issued by three regulatory agencies: the Army Corps of Engineers, the California Coastal Commission and the 1/5 Approve Budget Amendment for the 2014 Harbor Regional General Dredging Permit February 12, 2013 Page 2 Regional Water Quality Control Board. The RGP -54 is designed to provide relief to the pier permittees by simplifying the permit process for dredging. Otherwise, the permittee would be forced to apply to the agencies on their own using the "Individual Permit" process which is cumbersome and expensive. One of the major components of the RGP -54 is that the City performs the sediment testing and also negotiates the terms of the permit — a complicated and lengthy task_ The RGP -54 generally lasts for five years after which it must be renewed. In November 2011, the RGP -54 expired, and City was able to secure an "interim" permit in January 2013 with an expiration date of March 2014. (The interim permit is not a five year permit because the City was able to use existing Lower Bay sediment data as a cost saving measure. However, that data expires in March 2014.) Therefore, planning has already begun for the next iteration of the permit commencing in 2014. The Harbor Commission has been working with staff to develop a new RGP -54 which would improve upon the existing permit. The public and the Harbor Commission have been concerned over the various conditions in the existing permit, and are recommending changes that would benefit the harbor community. Below is a simplified table that explains the major conditions of the existing permit vs. the City's proposed plan for the 2014 permit. Existing RGP -54 2014 Proposed RGP -54 Annual harbor dredge limit: 20,000 cy Annual harbor dredge limit: 150,000 c Maximum dredge limit per address: 1 000 cy Maximum dredge limit per address: 10,000 c Dredge depth: -T + 1' over -dred e Dredge depth: -10' + 1' over -dred e Eel grass: No dredging within 15' Eel rass: Implement "Newport Specific" plan This Budget Amendment will fund a consultant who will begin immediately. In the last few months of FY 2013, the consultant will perform the following tasks. 1. Prepare a Sampling and Analysis Plan ("SAP ") for the sediment characterization. 2. Present the SAP to the Dredge Material Management Team (all regulatory agencies) for approval. 3. Prepare and submit permit applications for the RGP, and begin negotiating the permit terms. At the start of FY 2014, the consultant will begin sediment sampling and continue negotiating the necessary permit conditions using FY 2013/14 budgeted program funds. 215 Approve Budget Amendment for the 2014 Harbor Regional General Dredging Permit February 12, 2013 Page 3 The estimated cost for these activities in FY 2014 will be $400,000. With this plan in place, the new RGP -54 permit will be ready for use by April 2014. ENVIRONMENTAL REVIEW: City staff recommends the City Council find the recommended actions in this staff report are not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Public Works Director Attachment: A. Proposed Approach for 2014 RGP -54 3/5 ATTACHMENT A Page I of2 Existing RGP -54 2014 Proposed RGP -54 Annual Maximum 20,000 cy 150,000 cy Volume Individual Project 1,000 cy 10,000 cy Volume Limit Maximum Dredge Depth Maximum of -7 feet MLLW plus 1 foot overdredge; Maximum of -10 feet MLLW plus 1 foot overdredge. (Based deeper if can be supported by historical design on authorized depth of harbor.) depth Sediment Testing Periodic bay -wide characterization Rolling, focused characterization in which the bay is divided into units. Historical data would be used to guide sediment testing. Eelgrass No Impacts allowed Address impacts through City's bay -wide eelgrass program. The eelgrass program would be independent of the RGP 54 permit and could be used for RGP 54 projects and non -RGP 54 projects. Structures No maintenance allowed Repair and replacement of docks, bulkheads, and piles with similar structures. Reconfiguration of existing docks to meet modern standards and boater needs would be allowed. Application Review City submits files to agencies monthly and waits for Tiered approach in which authority is delegated to the City to agency verification (varies from 30 days to several approve small projects without agency review; allow 30 -day months) review by agencies for medlum projects; await approval from agencies for large projects. Small: less than 1000 CY of dredging and /or repair of existing structures Medium: between 1000 CY of dredging and 5000 CY of dredging and /or in -kind replacement of exlsting structures Large: more than 5000 CY of dredging and /or replacement of existing structures with expansion Shading Not applicable Develop bay -wide program to track shading changes similar to proposed eelgrass management program Page I of2 U Page 2of2 Existing RGP -54 2014 Proposed RGP -54 Water Quality Basic monitoring required by Regional Water Quality Tiered approach to monitoring in which monitoring is not Monitoring Control Board during the first individual dredging required for small projects and basic monitoring frameworks episodes of a given type of dredging. If the are developed for medium and large projects monitoring results are within the receiving water limitations specified in the WQC, then subsequent monitoring during individual projects will not be required if the total dredging duration of a project will be less than two days. Applicable Users Anyone within the permit area Anyone within the permit area Disposal Beach nourishment, ocean disposal, upland disposal Beach nourishment, ocean disposal, upland disposal or or confined disposal facility confined disposal facility State Lands Commission Valid through 2015 A new lease will be required for work within submerged Dredging Lease tidelands granted to the County of Orange Fee Structure Single fee of $1640 to the City and $77 to the Water Tiered City fee structure based on project size category Board U Page 2of2 City of Newport Beach NO. BA- 13BA -031 BUDGET AMENDMENT 2012 -13 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $100,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations for professional services related to the initial stages of permit acquisition for the 2014 Harbor Regional General Dredging Permit. The remainder of the permit work (agency permit negotiations and sediment testing) will be funded in the FY13 -14 program budget. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Tide & Submerged Land - Fund Balance Description Description Division Number 7231 Tidelands - Capital Account Number C4401001 Newport Harbor Dredging Permit RGP -54 Division Number Account Number Division Number Account Number Division Number Account Number Signed: W Signed: Approval: City Amount Debit Credit $100,000.00 Automatic $100,000.00 Date ? Date Signed: City Council Approval: City Clerk Date