HomeMy WebLinkAbout16 - Rhine Channel Contaminated Sediment Cleanup Project- MNDCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
July 27, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Chris Miller, Harbor Resources Manager
(949) 644 -3043, cmiller @newportbeachca.gov
SUBJECT: Rhine Channel Contaminated Sediment Cleanup Project: Mitigated
Negative Declaration
ISSUE:
Should the City Council adopt the Mitigated Negative Declaration (MND) prepared for the
proposed Rhine Channel Contaminated Sediment Cleanup Project, and conceptually approve
the Project which includes: 1) removing contaminated sediments along the main channel and
under a portion of the docks in the Rhine Channel; and 2) depositing those sediments in the
Port of Long Beach (POLB) Middle Harbor Redevelopment Project confined disposal facility
(Middle Harbor CDF)?
RECOMMENDATIONS:
1. Conduct the public hearing.
2. Adopt a resolution (Exhibit 1) approving the Mitigated Negative Declaration, and the
Mitigation Monitoring and Reporting Program on the basis of the environmental record.
3. Conceptually approve the project which includes removing contaminated sediments in
the Rhine Channel and depositing those sediments in the Port of Long Beach.
Rhine Channel MND
July 27, 2010
Page 2
DISCUSSION:
Vicinity Map
SOURCE: Basemap prepared from City of Newport Beach GIS files. LEGEND:
N - Temporary moorage areas are located throughout Lower Propesed Pnrp&Area
Newport Bay, - -.- Piemead Unes(Apprcdmate) p 1000
$aein eel
ANCHOR Proposed Project e Area
QEA vw Rhine Channel Contaminated Sediment Cleanup
Proiect Description
The purpose of this project is to remove contaminated sediments found unsuitable for
unconfined ocean disposal under Regional General Permit 54 issued by the U.S. Army Corps of
Engineers (USAGE) from the Rhine Channel in Lower Newport Bay as well as from other
nearby areas as shown on the vicinity map above. Overall, this project will remove
contaminated sediments to restore and enhance state - designated impaired beneficial uses of
the Rhine Channel, dispose of the impacted material in an environmentally responsible and
cost - effective manner, and improve navigation.
The City proposes to beneficially reuse approximately 150,000 cubic yards of dredged material
at the POLB Middle Harbor CDF which is a project designed to increase the capacity of a
shipping container terminal. This will be achieved by filling the open -water area between two
existing terminals to create a longer wharf and additional space for upland infrastructure. The
sediment from the Rhine Channel will be used as the base layer for this fill project because of its
fine grain size.
Rhine Channel MND
July 27, 2010
Page 3
The USACE is also planning to conduct a maintenance dredging effort in the Federal Channel
of the LNB which would potentially result in additional sediment that would be beneficially
reused at the Middle Harbor CDF. If possible, the City's project would be coordinated with the
USACE dredging effort to take advantage of potential cost savings through economies of scale,
decreased mobilization costs, and contractor availability.
The sediment management alternative of using the POLB Middle Harbor CDF is the preferred
approach for the City because it: 1) permanently removes contaminated sediments from the
aquatic environment so that beneficial uses can be restored to the Rhine Channel; 2) does not
require upland sediment rehandling, thus eliminating potentially significant traffic impacts; 3) is
the most cost - effective sediment management method; and 4) uses proven technology to
contain contaminants.
Construction activities within the Project area are anticipated to occur over a 4 -5 month period,
potentially starting as early as January 2011. Dredging can occur weekdays between the hours
of 7 AM and 6:30 PM and Saturdays between the hours of 8:00 AM and 6:00 PM. Transport of
sediments via tugboat and barge to the POLB may occur outside of these time frames because
work would occur away from residents and would not be disruptive to harbor operations. While
negotiations with the contractor will ultimately determine the sequence of activities, it is likely
that dredging will begin at the north end of the Rhine Channel.
Potential Project Impacts and Best Management Practices
Potential impacts from the proposed Project include: 1) water quality; 2) air quality; 3) noise; and
4) navigation. To avoid and minimize potential impacts, several design features have been
incorporated into the project. These operational requirements, or BMPs, are summarized
below.
General BMPs:
No dredging work will be conducted from land -based equipment.
Floating debris will be removed from the water and disposed of properly.
Water Quality BMPs:
• Silt curtains will be placed around the perimeter of the active dredging area.
• A Water Quality Monitoring Plan will be submitted by the contractor for approval by the
City prior to construction.
• Various construction techniques will be employed to avoid overfilling the bucket and
causing spillage.
• A Spill Prevention, Control, and Countermeasures Plan will be submitted by the
contractor for approval by the City prior to construction. The contractor will be required to
follow the Plan which will require, among other things, following established refueling,
spill containment and countermeasures, and good housekeeping procedures.
• All dredged material will be handled and transported such that it does not re -enter
surface waters outside the protected immediate work area.
• The load line on disposal barges will be predetermined, and the barge will not be filled
above this predetermined level. Before each disposal barge is transported to the Middle
Harbor CDF, the dredging contractor and a site inspector must certify that it is filled
correctly.
Rhine Channel MND
July 27, 2010
Page 4
Air Quality BMPs:
• Dredge equipment will be required to meet current South Coast Air Quality Management
District requirements.
Noise BMPs:
• Work will be conducted during times allowable by City Code as describe above.
Navigation BMPs:
A communication protocol will be implemented to minimize disruption to recreational and
commercial operations within the Project Area.
Dredging activities will be required to accommodate access for emergency vessels at
any time.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration (MND) has been prepared by Anchor QEA L.P. in accordance
with the implementing guidelines of the California Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K -3. The MND was routed to the City Council in
advance of this staff report to allow additional time to review the report. A copy of the MND is
available on the City's website, at each Newport Beach Public Library, and at the Harbor
Resources office at 829 Harbor Island Drive.
The MND was made available for public review for a 30 day comment period from June 11 to
July 13, 2010. Comment letters were received from the Department of Transportation,
Department of Toxic Substances Control, South Coast Air Quality Management District, the
County of Orange and the California Regional Water Quality Control Board — Santa Ana Region.
Response to Comments
Department of Transportation, June 29, 2010
1. "The California Department of Transportation (Department), District 12 is a commenting
agency on this project and we have no comment at this time. However, in the event of
any activity within the Department's right -of -way, an encroachment permit will be
required."
Comment noted. Project construction will occur entirely within the waterbody, with the
exception of staging which will occur in an upland area outside the Department of
Transportation's right -of -way. It is not anticipated that an encroachment permit will be
required, though one will be obtained if it is later determined necessary.
Department of Toxic Substances Control, July 2, 2010
"The ND should identify and determine whether current or historic uses at the project
area may have resulted in any release of hazardous wastes/substances. "
Rhine Channel MND
July 27, 2010
Page 5
Historic and existing uses of the site have likely contributed contamination to sediments
within the project area. The Draft ISMND identifies these contamination sources within
the project description on page vii, as follows:
"From the 1930s through the 1950s, shipyard and cannery operations, boat - building
activities, and metal - plating facilities were located in the Rhine Channel and other
portions of LNB, resulting in a legacy of sediment contamination. Stormwater runoff from
the watershed has also contributed contaminants to LNB."
Sampling has shown that these sediments contain several contaminants of concern
(COCs), including elevated concentrations of metals, pesticides, polycyclic aromatic
hydrocarbons (PAHs), polychlorinated biphenyls (PCBs), mercury, and 4,4 -DDE. For
each of these COCs, the levels detected are below the hazardous waste threshold
levels. A detailed discussion of hazardous materials is included in Section VIII. of the
Draft ISMND. It is unlikely that any significant releases of hazardous waste have
occurred in the project area given the results of sediment sampling.
The possible exception is a localized area within the Rhine Channel found to contain
lead concentrations above California Hazardous Waste threshold levels; however, this
material will be removed as part of a separate project (i.e., ETCO Development, Inc.'s
[ETCO] proposed Newport Bay Marina redevelopment project) prior to commencing
dredging in the project area. Should ETCO be unable to complete the dredging and
hazardous waste removal prior to the start of this proposed project, the City will include
removal of this material as part of the project. The Newport Bay Marina project has
undergone separate environmental review; the sediment removal would be
accomplished using the methods and practices identified in the ETCO EIR certified by
the City in 2006.
2. "The document states that the ND would identify any known or potentially contaminated
sites within the proposed project area. For all identified sites, the ND should evaluate
whether conditions at the site may pose a threat to human health or the environment.
Following are the databases of some of the regulatory agencies: National Priorities
List ... EnviroStor ... Resource Conservation and Recovery Information
System... Comprehensive Environmental Response Compensation and Liability
Information System... Solid Waste Information System... GeoTracker... Local Counties
and Cities... United States Army Corps of Engineers..."
The proposed project occurs entirely within the waterbody of Lower Newport Bay. Given
that the site contains no upland elements, it is unlikely that it would be included within
the databases listed. The dredge area is a known site of contamination currently
included as an impaired waterbody on the state of California's 303(d) List. It is targeted
as a priority for cleanup by the California State Water Resources Control Board.
Conditions at the site, including contaminated sediment, pose an ecological threat to
wildlife and are known to be toxic to benthic organisms.
3. "The ND should identify the mechanism to initiate any required investigation and /or
remediation for any site that may be contaminated, and the government agency to
provide appropriate regulatory oversight. If hazardous materials or wastes were stored at
the site, an environmental assessment should be conducted to determine if a release
has occurred. If so, further studies should be carried out to delineate the nature and
Rhine Channel MND
July 27, 2010
Page 6
extent of the contamination, and the potential threat to public health and /or the
environment should be evaluated. It may be necessary to determine if an expedited
response action is required to reduce existing or potential threats to public health or the
environment. If no immediate threat exists, the final remedy should be implemented in
compliance with state laws, regulations and policies."
The project area has already been identified as a contaminated site, as confirmed by
sediment investigations. The project action area is located entirely within the waterbody
of Lower Newport Bay, a navigable channel unsuitable for materials storage, hazardous
or otherwise.
As discussed in the Draft ISMND project description, the Rhine Channel is currently
included as an impaired waterbody on the state of California's 303(d) List, and has been
targeted as a priority for cleanup by the California State Water Resources Control Board.
Without immediate action by the City, the Regional Water Board may apply a number of
administrative and enforcement options, including issuance of a Cleanup and Abatement
Order, which would require the improvement or restoration of the Rhine Channel to a
level that achieves water quality standards.
Project actions are exclusively related to removal of contaminated sediment. The project
itself is therefore considered to be a mechanism for remediation.
4. "The project construction may require soil excavation and soil filling in certain areas.
Appropriate sampling is required prior to disposal of the excavated soil. if the soil is
contaminated, properly dispose of it rather than placing it in another location. Land
Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project
proposes to import soil to backfill the areas excavated, proper sampling should be
conducted to make sure that the imported soil is free of contamination"
Sediment sampling of the dredge area has already occurred. Sediments proposed for
dredging have been identified as containing elevated concentrations of metals,
pesticides, polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs),
mercury, and 4,4 -DDE. The Middle Harbor CDF is an appropriate disposal facility for
sediments of this nature. The application for disposal is currently under review by the
Port of Long Beach. The project does not include any backfilling or import of soil.
5. "Human health and the environment of sensitive receptors should be protected during
the construction or demolition activities. A study of the site overseen by the appropriate
government agency might have to be conducted to determine if there are, have been, or
will be, any releases of hazardous materials that may pose a risk to human health or the
environment."
As discussed, the project exclusively involves excavation of sediment and incidental
infrastructure repairs. Project disturbances to the physical environment are entirely
limited to removal of sediment. This sediment has already been sampled and identified
as contaminated. While contaminated, sediments do not meet the definition of
hazardous materials per the State of California Hazardous Waste threshold levels. The
project includes numerous BMPs to minimize the potential for exposure to contaminants.
Rhine Channel MND
July 27, 2010
Page 7
6. "If during construction /demolition of the project, soil and /or groundwater contamination is
suspected, construction /demolition in the area should cease and appropriate health and
safety procedures should be implemented. If it is determined that contaminated soil
and /or groundwater exist, the ND should identify how any required investigation and /or
remediation will be conducted, and the appropriate government agency to provide
regulatory oversight."
Please refer to the response to comment number 3 for a discussion of soil contamination
at the site. Project actions are exclusively related to removal of contaminated sediment,
and are considered to be a mechanism for remediation. Project activities will not
encounter or affect groundwater.
7. As stated in your document, Rhine Channel sediment investigations have revealed
elevated concentrations of metals, pesticides, polycyclic aromatic hydrocarbons (PAHs),
and polychlorinated biphenyls (PCBs) as well as significant toxicity to representative
benthic organisms. If the excavated sediments are hazardous wastes, such wastes must
be managed in accordance with the California Hazardous Waste Control Law (California
Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control
Regulations (California Code of Regulations, Title 22, Division 4.5). It is the generator's
responsibility to determine whether wastes are hazardous_ If it is determined that
hazardous wastes will be generated, the generator must obtain an United States
Environmental Protection Agency Identification Number by contacting (800) 698 -6942.
Hazardous wastes may only be disposed of at authorized hazardous waste facilities."
While contaminated, sediments do not meet the definition of hazardous materials per the
State of California Hazardous Waste threshold levels.
8. "DTSC can provide guidance for cleanup oversight through an Environmental Oversight
Agreement (EOA) for government agencies that are not responsible parties, or a
Voluntary Cleanup Agreement (VCA) for private parties."
Comment noted.
Orange County Public Works, July 8, 2010
"Page 45 indicates that during dredging behind silt curtains, monitoring of Total
Suspended Solids (TSS) and possibly Dissolved Oxygen (DO), salinity, pH, temperature
and light transmissivity would occur to determine if dissolved or suspended pollutants
are getting past the silt curtains. The MND continues noting many more parameters
would be monitored as the Regional Water Board deemed necessary. It seems that
enough is known of the contamination of Rhine Channel for the MND to make a more
definitive statement on specifically what monitoring will be necessary in connection with
construction BMPs to reduce potential water quality impacts to a level of insignificance."
The Santa Ana Regional Water Quality Control Board will issue a certification of waste
discharge requirements (WDR) for the dredging project as part of the necessary permits
the City must obtain. Included in the WDR will be specific monitoring requirements. The
parameters mentioned in the document are typical for recent similar projects. Any
further speculation regarding the Board's planned requirements should be made by
Board staff.
Rhine Channel MND
July 27, 2010
Page 8
South Coast Air Quality Management District, July 9, 2010
"...to ensure less than significant air quality impacts from the proposed project AQMD
staff recommends that the lead agency clarify AQ -2 to include, All emission credits used
to mitigate significant air quality impacts from the construction of the proposed project
shall be consistent with AQMD's CEQA policies and procedures document titled:
Revised CEQA Policy and Procedures in Allowing the Use of Emissions Credits to
Mitigate Significant Air Quality Impacts from Construction. "'
Comment noted. Mitigation Measure AQ -2 has been revised to address this comment.
This language will be included in the Final ISMND.
California Regional Water Quality Control Board Santa Ana Region, July 12, 2010
"The 303(d) discussion on pg. viii should include that Section 303(d) is a Clean Water
Act (CWA) requirement applicable to waters that are not attaining water quality
standards, even after the installation of technology controls on point source discharges.
CWA Section 303(d) requires the identification of such waters, and the establishment of
total maximum daily loads (TMDLs). In 2006, the CWA Section 303(d) list of Water
Quality Limited Segments requiring TMDLs included the Rhine Channel due to the
following stressors: copper, lead, mercury, PCBs, sediment toxicity and zinc."
Comment noted. The Draft ISMND has been revised to address this comment.
2. "The statement on pg. viii that the Regional Board will issue a Cleanup and Abatement
Order to the Rhine Channel unless the city acts immediately is not necessarily accurate
and should be corrected. As noted in Comment #1, CWA Section 303(d) designation
generally requires the development of a TMDL. TMDLs for the Rhine Channel were
established by the US Environmental Protection Agency ( USEPA) on June 14, 2002.
While the USEPA TMDLs do not include implementation plans, they do require that the
allocations and numeric targets be incorporated into any permit issued for discharges to
the Rhine Channel. in addition, under the California Water Code, the Regional Water
Board may apply a number of administrative and enforcement options, including
issuance of a Cleanup and Abatement Order, which would require the improvement or
restoration of the Rhine Channel to a level that achieves water quality standards."
Comment noted. The Draft ISMND has been revised to address this comment.
3. "On pg. xx, the draft MND discusses the restoration of beneficial uses in the Rhine
Channel. The MND should include the full list of beneficial uses for Lower Newport Bay,
including the Rhine Channel, as listed in the Water Quality Control plan for the Santa
Ana River Basin (Basin Plan), that is, navigation; contact and non - contact recreation;
commercial and sportfishing; wildlife habitat; rare threatened or endangered species;
spawning, reproduction, and development; and shellfish harvesting."
Comment noted. The Draft ISMND has been revised to address this comment.
4. "On pg. xx, the draft MND states that one of the long -term benefits of the Project will be
the restoration of beneficial uses in the Rhine Channel. However, the contaminated
sediment that will be left adjacent to seawalls and piles and on private property may
Rhine Channel MND
July 27, 2010
Page 9
have short- and long -term water quality effects that will not be known until adequate
water quality data is collected from the locations. For that reason, the accuracy of this
statement will depend of the findings from post- dredging monitoring, and should be
qualified accordingly."
Comment noted. The Draft ISMND has been revised to address this comment.
5. "The discussion of TMDLs on pg. 43 is inaccurate and should be corrected. State
TMDLs adopted for the San Diego Creek and Newport Bay Watershed by the Regional
Board, and approved by the State Water Resources Control Board (SWRCB), California
Office of Administrative Law and USEPA include sediment, fecal coliform, diazinon,
chlopyrifos, and nutrients. USEPA established TMDLs for selenium, metals and
organochlorine compounds in the San Diego Creek and Newport Bay Watershed, and
also the Rhine Channel TMDLs. Implementation of the State TMDLs is currently
underway. Board staff are working with the local stakeholders and other agencies to
develop and adopt State TMDLs for selenium, organochlorine compounds, metals, and
the Rhine Channel that will include implementation plans."
Comment noted. The Draft ISMND has been revised to address this comment.
6. "CWA 409 water quality certification or waste discharge requirements will be issued by
the Regional Board or Board staff for the Project. An adequate monitoring program will
be incorporated as part of the certification conditions or waste discharge requirements"
Comment noted. An application for 401 Certification was submitted in July, 2010.
7. "The final MND should include specific details (and /or propose a plan) of requisite
monitoring to be conducted during dredge activities, and also pre- and post- dredging.
The monitoring should be comprehensive in evaluating water quality conditions within,
and proximate to, Project boundaries to demonstrate improvement(s). Minimum
parameters to be sampled in water, tissue, and sediment include dissolved oxygen (DO),
turbidity, and the CWA Section 303(d) pollutants listed in Comment #9. The plan should
consider relevant guidance from the Water Quality Control Policy for Developing
California's Clean Water Act Section 303(d) List, SWRCB, to evaluate immediate, short -
term and long -term effects resulting from the Project... Pre - dredge monitoring should
assess the baseline characteristics and conditions of the project area... The Basin Plan
includes water quality objectives (WQOs) for dissolved oxygen (DO) and turbidity. The
Basin Plan has a full discussion of the WAOs... DO and turbidity should be monitored
daily during dredging. To ensure that water quality objectives are met at all times, the
MND should specify the additional best management practices that will be employed if
any WQOs are exceeded"
Comment noted. The Draft ISMND has been revised to include a more detailed
monitoring plan.
8. A Quality Assurance Project Plan (QAPP) and possibly a sampling and analysis plan
(SAP) will be required to be developed prior to the initiation of sampling. The monitoring
program and sampling protocols should be SWAMP - compatible."
Rhine Channel MND
July 27, 2010
Page 10
Comment noted. The Draft ISMND has been revised to include a more detailed
monitoring plan that includes development of a Quality Assurance Project Plan prior to
construction, as well as a Sampling and Analysis Plan if needed.
9. `Pg. xv of the draft MND states that mechanical dredging will occur to a depth where
clean, uncontaminated material is found. This statement is unclear. The final MND
should specify the methodology and data the City will use to determine whether or not
the new surface layer is clean."
In lieu of developing site specific, risk -based clean up targets for the Rhine Channel, the
City has chosen to use very conservative and readily available screening values (Effects
Range Low values — ERLs) to estimate removal volumes and dredge depths. Sediment
sampling will occur after dredging to compare post construction chemical concentrations
to these screening values as a way to measure successful removal. Because
mechanical dredging typically leaves a fair amount of fine grained residual material
behind on the sediment surface, it is unlikely that the remaining surface layer will have
chemical concentrations below these conservative screening values. Using them as a
target to facilitate the successful removal of adequate material to restore beneficial uses
to the site, however, is an appropriate approach.
The MND does not identify any component of the project that would result in a "potentially
significant impact' on the environment per CEQA guidelines. However, the document does
identify components of the project that would result in effects that are "less than significant with
mitigation incorporated" as a result of construction of the project. The document recommends
the adoption of eleven mitigation measures to mitigate the effects to a point where clearly no
significant effects would occur. These mitigation measures are identified in the Mitigation
Monitoring and Reporting Program, which is attached after the Resolution (Exhibit 1).
PUBLIC NOTICE:
Notice of this hearing was published in the Daily Pilot and mailed to property owners within 300
feet of the property (excluding roadways and waterways). The environmental assessment
process has also been noticed in a similar manner and all mandatory notices per the California
Environmental Quality Act have been given. Finally, this agenda item has been noticed
according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the
City Council considers the item).
Submitted by:
4 is Miller
Harbor Resources Manager
Attachments: 1. Resolution with Mitigation Monitoring and Reporting Program
2. Mitigated Negative Declaration
3. Comment Letters
Rhine Channel MND
July 27, 2010
Page 11
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR THE RHINE CHANNEL CONTAMINATED
SEDIMENT CLEANUP PROJECT
WHEREAS, An Initial Study and Mitigated Negative Declaration (MIND) have been
prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment
between June 11 and July 13, 2010. The contents of the environmental document, including
comments on the document, have been considered on this project; and
WHEREAS, on the basis of the entire environmental review record, the proposed
project, with mitigation measures, will have a less than significant impact upon the environment
and there are no known substantial adverse effects on human beings that would be caused.
Additionally, there are no long -term environmental goals that would be compromised by the project,
nor cumulative impacts anticipated in connection with the project. The mitigation measures
identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will
reduce the potential environmental impacts to a less than significant level; and therefore be it
RESOLVED, that the City Council of the City of Newport Beach does hereby find,
on the basis of the whole record, that there is no substantial evidence that the project, with
mitigation measures, will have a significant effect on the environment, and that the Mitigated
Negative Declaration reflects the City Council's independent judgment and analysis. The City
Council hereby adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program attached as Exhibit "A." The document and all material, which constitute the record upon
which this decision was based, are on file with the Harbor Resources Division, 829 Harbor Island
Drive, Newport Beach, California.
PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 2010
Keith D. Curry
Mayor
ATTEST:
Leilani Brown
City Clerk
Rhine Channel MND
July 27, 2010
Page 12
Exhibit A
Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
n'gan'on Mona o gaud R 'J�rnng P "gram /.1,2010
Rhine Channel ContaminatedSedun o, Cleanup 1 090243 -01
Method of
Timing of
MMNq.
Mitigation Measure
Verification
Implementation
Responsibility
Air Quality
Push tugboat/tenders and work /crew boats shall use Tier
Plans and
Construction
3 main engines. Tugboats used to tow disposal barges to
Specifications Check,
Prior to and During
Contractor, City of
AQ -I
Middle Harbor CDF during both Phases 1 and 2 shall use
Equipment Check,
Dredging and
Newport Beach Harbor
Tier 2 main engines.
Monitoring
Construction
Resources and Public
Works Departments
The City shall purchase credits to offset an estimated 3,969
pounds of NOx emissions credits to mitigate the
exceeds nce of the significance threshold for NOx emissions
from this project, The offset credits will meet the following
criteria:
• Emission credits have been derived from emission
reduction project(s) through existing SCAOMD
protocols.
City of Newport Beach
• Emission credits will be current for the time the
Plans and
Prior to Dredging and
Harbor Resources and
AQ -2
project takes place, meaning the MSERCs have not
Specifca[ions Check,
Construction
Public Works
pire
expired before or during the period when the
Proof of Purchase
Departments
emissions from the project would occur.
• Al l emission credits used to mitiga to significant a it
quality impacts from the constr ucuion of the
proposed project shall be consistent with the
AOM D's CEQA policies and procedures document
titled: Revised CEQA Policy and Procedures in
Allowing the Use of Emissions Credits to Mitigate
Significant Air Quality Impacts from Construction.
Plans and
Construction
All diesel -powered equipment shall be equipped with a
Prior to and During
Contractor, City of
AQ-3
meter to record hourly usage (not including worker
SpedfPlann Check,
Dredging and
Newport Beach Harbor
vehicles, haul trucks, or delivery trucks).
Equipment Check,
Construction
Resources and Public
Monitoring
Works Depanments
n'gan'on Mona o gaud R 'J�rnng P "gram /.1,2010
Rhine Channel ContaminatedSedun o, Cleanup 1 090243 -01
Rhine Channel MND
July 27, 2010
Page 13
Mitigation Monitoring and Reporting Program
M -gallon Monitoring vnd Reporring Prog am /v/y2010
Rhine Channel(ac wvmv.Jsidrment Cleennp 2 090247 -01
Method of
Timing of
MM No.
Mitigation Measure
Verification
Implementation
Responsibility
Construction
Contractor,
Plans and
Independent
The meter on each piece of equipment shall be verified
Specifications Check,
Monitor,
Aq -4
by an independent construction monitor who shall certify
Equipment Check,
prior to construction
City of Newport Beach
City
that it is working properly.
Monitoring
Harbor Resources and
Public Works
Departments
Construction
To demonstrate that measures and Al
Contractor,
be
Plansand
Independent
have audit ofe equipment
enttor
AQ -5
prepared
red by an independent n
an independent construction monitor and
construction coon and
pea
Specifications Check,
Prior to Construction
Construction Monitor,
o
provided [o the SCAQMD for review prior to dredging
Equipment Check,
City Newport Beach
Monitoring
Harbor Resources and
activities.
Public Works
Departments
Plans and Specifications
Check Prior to
Construction
The hourly meter reading for each piece of equipment
Plans and
Construction,
Contractor, City
AO.-6
shall be recorded.
Specifications Check,
Implementation During
h arb
Newport Beach Harbor
Monitoring
Resources and Public
Dredging and
Works Departments
ti
Construcon
Construction
Plans and 5padfications
Contractor,
Equipment use and hours of operators shall be recorded
Plans and
Check Prior to
Independent
Aq -7
Ey the contractor and verified on a weekly basis by an
Specifications Check,
Construction,
Construction Monitor,
Implementation During
City of Newport Beach
independent monitor.
Monitoring
Dredging and
Harbor Resources and
Construction
Public Works
Departments
M -gallon Monitoring vnd Reporring Prog am /v/y2010
Rhine Channel(ac wvmv.Jsidrment Cleennp 2 090247 -01
Rhine Channel MND
July 27, 2010
Page 14
Mitigation Monitoring and Reporting Program
Metigation MoatoringandRsporo'g Prog'am /,11,2010
Rhine Channel Contaminatal Sediment Cleanup 3 09(1243 -01
Method of
Timing of
MM No.
Mitigation Measure
Verification
Implementation
Responsibility
A monthly report shall be submitted to the SCAQMD to
demonstrate that measures AQ -b and AC-7 have been
met. The monthly report shall summarize equipment
Plans and Specifications
Construction
used., hours of operation, NOx emissions as well as
Plans and
Check Prior to
Contractor, SCAQMD,
Identify any problems that occur and corrective actions
Specifications Check,
Construction,
City of Newport Beach
AQ -8
implemented by the contractor. If NOx emissions exceed
the original estimation, the report should also include
Moni[orin Card
Implementation Monthly
Harbor Resources and
Submittal
During Dredging and
Public Works
additional Reactive Organic Gases (ROG), CO, and SO.
emissions emitted to ensure no exceedance of SCAQMD'S
Construction
Departments
California Environmental Quality Act (CEQA) NOx
construction significance threshold.
Within 15 days after the end of each construction month,.
NOx emissions exceeding [he original estimation as
Plans and iori cations
Construction
identified in AQ -8 shall be reconciled and reported to the
plans and
Check k Pr Prior to
Contactor, SCQAMO,
Specifications Check.,
Construction,
City of Newport Beach
AQ -9
SCAQMD. NOx emission credits shall be purchased to
reconcile actual emissions with the previously purchased
Monitoring and
Implementation Monthly
Harbor Resources and
Submittal
During Dredging and
Public Works
NOx emission credits, if necessary, at the completion of
the project.
Construction
Departments
A final report summarizing all construction actidtiez, NOx
Plans and Specifications
Construction
emissions, and reconciliation of NOx emission credits for
Plans and
Check Prior to
Contractor, SCOAMD,
the entire construction period shall be prepared by an
Specifications Check,
Construction, Report
CityoFNewport Beach
AQ 10
independent construction monitor and provided to the
Monitoringand
Submittals 20 Days After
Harbor Resources and
SCAQMD within 20 days after the completion of the
Submittal
Completion of
Public Works
cons he Con of the project.
Construction
Departments
A sign shall be posted at the project boundary along Lido
The Ciry of Newport
Park Drive a t the terminus of the Rhine One n nel, The sign
Plans and
Beach Harbor
AQ -11
should contain City contact information far people with
Speci fications Check,
Prior to Construction
Resources and Public
questions of comments regardingconstruc[ion activities.
Monitoring
Works Departments,
Metigation MoatoringandRsporo'g Prog'am /,11,2010
Rhine Channel Contaminatal Sediment Cleanup 3 09(1243 -01
Rhine Channel MND
July 27, 2010
Page 15
Exhibit 2
Mitigated Negative Declaration
A copy of the MND is available on the City's website:
hftp://www.newportbeachca.gov/index.aspx?page=1 347
as well as at each of the Newport Beach Public Libraries,
and at the Harbor Resources office at 829 Harbor Island Drive.
Rhine Channel MND
July 27, 2010
Page 16
Exhibit 3
Comment Letters
STATE OF CALF — RTA A �uj �/N�nBBFryryYCryY e/� �]p R'111. HWAR]I'Nf�r9ER C, ovcma.
DEPARTMENT OF TRA -NSPORTATIONARDVR RESOURCES
3337 Denier l2
CITY OF NEWPORT BEACH
33D7 Michelson Drive, Suite 380
hvine, CA 92612 4896
Tel (949) 724.2267 nrron II11 ArY 9R1fl Flec}roaryower!
Faro (749) 724 -2592 aemelgy �creau
June 29,2010
Chris Miller
File: IGR/CEQA
City of Newport Beach
SCH #:2010061035
3300 Newport Boulevard
Log #: 2550
Newport Beach, CA 92658
SR -1 and SR -73
Subject: Rhine Channel Contaminated Sediment Cleanup
Dear Mr. Miller,
Thank you for the opportunity to review and comment on the Mitigated Negative Declaration for the
Rhine Channel Contaminated Sediment Cleanup. The project proposes to dredge 150,000 cubic
yards of contaminated sediments from the Rhine Channel area of Lower Newport Harbor and transport
these sediments via ocean barge for disposal and beneficial reuse with the approved Port of Long Beach
Middle Harbor Redevelopment Project. The nearest State mute to the project site is SR -I and SR -73.
The California Department of Transportation (Department), District 12 is a commenting agency on this
.project and we have no comment at this time. However, in the event of any activity, within the
Department's right -of- -way, an encroachment permit will be required..
Please continue to keep us informed of this project and any future developments, which could
potentially impact State transportation facilities. If you have any questions or need to contact us, please
do not hesitate to call Damon Davis at (949) 440 -3487.
S /in rc�lg
Chris Herre, rlChief
Local Development /Intergovernmental Review
C- Terry Roberts, Office of Planning and Research
Cal <rautiapraves mobtfiryacross Gll rain ".
Linda S. Adams
secretary for
Environmental Protection
Department of Toxic Substances Control
Maziar. Movassaghi, Acting Director
5796 Corporate Avenue
Cypress, California 90630
Rhine Channel MND
July 27, 2010
Page 17
-s:
Arnold Sc6warzenegger
Governor
HARBOR RESOURCES DIV.
July 2, 2010 CITY OF N EWPORT BEACH
feCc IY erR `7 / / g & CH
Mr. Chris Miller
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658
DRAFT MITIGATED. NEGATIVE DECLARATION (ND) FOR RHINE CHANNEL
CONAMINATED SEDIMENT CLEANUP (SCH# 2010061035)
Dear Mr. Miller:
The Department of Toxic Substances Control (DISC) has received your submitted
document for the above - mentioned project. As stated in your document: "The purpose of
this project is to remove approximately 150,000 cubic yards of contaminated sediments
from the Rhine Channel in Lower Newport Bay (LNB) as well as from other nearby areas
found unsuitable for unconfined ocean disposal under Regional General Permit (RGP) 54
issued by the U.S. Army Corps of Engineers (USAGE). Overall, this project will remove
contaminated sediments to restore and enhance state - designated impaired beneficial uses
of the Rhine Channel, dispose of the impacted material in an environmentally responsible
and cost- effective manner, and improve navigation ".
Based on the review of the submitted document DTSC has the following comments:
1} The ND:should identify and determine whether current or historic uses at the project
area may have resulted in any release of hazardous wastes/substances-
2). The document states that the ND would identify, any known or potentially
contaminated sites within the proposed project area. For all identified sites, the ND
should evaluate whether conditions at the site may pose a threat to human health or
the environment. Following are the databases of some of the regulatory agencies;
National Priorities List(NPL): A list maintained by the United States
Environmental Protection Agency (U.S.EPA).
• EnviroStor, a database primarily used by the California Department of Toxic
Substances Control, at www. Envirostor.dtse:ca.gov.
a. Printed on Recycled Paper
Rhine Channel MND
July 27, 2010
Page 18
Mr. Chris Miller
July 2, 2010
Page 2
• Resource Conservation and Recovery Information System (RCRIS): A
database of RCRA facilities that is maintained by U.S. EPA.
Comprehensive Environmental Response Compensation and Liability
Information System (CERCLIS): A database of CERCLA sites that is
maintained by U.S.EPA.
• Solid Waste Information System (SWIS): A database provided by the
California Integrated Waste Management Board which consists of both open
as well as closed and inactive solid waste disposal facilities and transfer
stations.
• GeoTracker. A List that is maintained by Regional Water Quality Control
Boards.
• Local Counties and Cities maintain lists for hazardous substances cleanup
sites and leaking underground storage tanks.
• The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los
Angeles, California, 90017, (213)452 -3908, maintains a list of Formerly Used
Defense Sites (FUDS).
3) The ND should identify the mechanism to initiate any required investigation and /or
remediation for any site that may be contaminated, and the government agency to
provide appropriate regulatory oversight. If hazardous materials or wastes were
stored at the site, an environmental assessment should be conducted to determine if
a release has occurred. If sojurther studies should be carried out to delineate the
nature and extent of the contamination, and the potential threat to public health
and /or the environment should be evaluated. It may be necessary to determine if an
expedited response action is required to reduce existing or potential threats to public
health or the environment. If no immediate threat exists, the final remedy should be
implemented in compliance with state laws, regulations and policies.
4) The project construction may require soil excavation and soil filling in certain areas.
Appropriate sampling is required prior to disposal of the excavated soil. If the soil is
contaminated, properly dispose of it rather than placing it in another location. land
Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project
proposes to import soil to backfill the areas excavated, proper sampling should be
conducted to make sure that-the imported soil is free of contamination.
Rhine Channel MND
July 27, 2010
Page 19
Mr. Chris Miller
July 2, 2010
Page 2
5) Human health and the environment of sensitive receptors should be protected during
the construction or demolition activities. A study of the site overseen by the
appropriate government agency might have to be conducted to determine if there
are, have been, or will be, any releases of hazardous materials . that may pose a risk
to human health or the environment.
6) If during construction /demolition of the project, soil and /or groundwater
contamination is suspected, construction /demolition in the area should cease and
appropriate health and safety procedures should be implemented. If it is determined
that contaminated soil and /or groundwater exist, the ND should identify how any
required investigation and/or remediation will be conducted, and the appropriate
government agency to provide regulatory oversight.
7) As stated in your document, Rhine Channel sediment investigations have revealed
elevated concentrations of metals, pesticides, polycyclic aromatic hydrocarbons
(PAHs), and polychlorinated biphenyls (PCBs) as well as significant toxicity to
representative benthic organisms. If the excavated sediments are hazardous
wastes, such wastes must be managed in accordance with the California Hazardous
Waste Control Law (California Health and Safety Code, Division 20, Chapter 6:5)
and the Hazardous Waste Control Regulations (California Code of Regulations, Titfe
j 22, Division 4.5). It is the generator's responsibility to determine whether wastes are
hazardous. If it is determined that hazardous wastes will be generated, the
generator must obtain a United States Environmental Protection Agency
Identification Number by contacting (800) 618 -6942. Hazardous wastes may only be
disposed of at authorized hazardous waste facilities.
8) DTSC can provide guidance for cleanup oversight through an Environmental
Oversight Agreement (EOA) for government agencies that are not responsible
parties, or a Voluntary Cleanup Agreement (VCA) for private parties. For additional
_ information on the EOA or VCA,.please see. -
www. dtsc. ca.gov /SiteC[ean6p /Brownfields, . or contact Ms. Maryam Tasnif- Abbasi, .
DTSC's Voluntary Cleanup Coordinator, at (714) 484 -5489.
If you have any questions regarding this letter, please contact me at (714) 484 -5472 or at
ashaminDTSC.ca.gov
Sinceret
r
Project Manager
Brownfields and Environmental Restoration Program
Rhine Channel MND
July 27, 2010
Page 20
Mr. Chris Miller
July 2, 2010
Page 2
cc: Governor's Office of Planning and Research
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812 -3044
CEQA Tracking Center
Department of Toxic Substances Control
Office of Environmental Planning and Analysis
1001 1 Street, 22nd Floor, M.S. 22 -2
Sacramento, California 95814
ADelacrl (a)dtsc.ca.gov
CEQA # 2960
Rhine Channel MND
July 27, 2010
Page 21
HARBOR RESOURCES DIV
CITY OF NEWPORT BEACH
oeee laed '7A /ia om
South Coast
Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 917654182
(909) 396 -2000 • vmw.agmd.gov
E- mailed: Julv 9- 2010 July 9, 2010
cmiller @newportbeachca.gov
Mr. Chris Miller
Harbor Resources
829 Harbor Island Drive
Newport Beach, CA 92660
Review of the Mitigated Neeative Declaration (MND)
for the Rhine Channel Cmtaminated Sediment Cleanun.Praiect
The South Coast Air Quality Management District (AQMD) appreciates the opportunity
to comment on the above- mentioned document. The following comments are intended to
provide . guidance to the lead agency and should be incorporated into the :Final California
Environmental Quality Act (CEQA) document as appropriate.
Based on the air quality analysis in Appendix A of the MND the proposed project would
have significant regional air quality impacts without mitigation, therefore, the
effectiveness of each air quality mitigation measure is crucial. Specifically, the lead
agency relies on mitigation measures AQ -2 through AQ -11 in the M1,11) to reduce the
project's air quality impacts toa less than significant level. These measures require the
purchase and use of Mobile Source Emissions Reduction Credits (MSERCs). Therefore,
to ensure less than. significant air quality impacts from the proposed project AQMD staff
recommends that the lead agency clarify AQ 2 to include, "All emission credits used to
mitigate significant air quality impacts from the construction of the proposed project shall .
be consistent with the AQMD's CEQA policies and procedures document titled: Revised
CEQA Policy and Procedures in Allowing the Use of Emissions Credits to. Mitigate
.
Significant Air,Quality Impacts from Construction."
Rhine Channel MND
July 27, 2010
Page 22
Mr, Chris Miller 2 f my 9, 2010
Harbor Resources Manager
AQMD staff is available to work with the lead agency to address these issues and any
other questions that may arise. Please contact Dan Garcia, Air Quality Specialist CEQA
Section, at (909) 396 -3304, if you have any questions regarding the enclosed comments.
Sincerely,,
Aar er�
V /
Ian MacMillan
Program Supervisor, CEQA Inter - Governmental Review
Planning, Rule Development & Area Sources
Attachment
IM:DG
ORC100615 -02
Control Number
RECD JUL 12 2010
Eallir O R A N G E C O U N T Y
r Public orks
our Communit, our Commltm ,
July 8, 2010
Mr. Chris Miller
Harbor Resources Manager
City of Newport Beach
829 Harbor Island Drive.
Newport Beach, CA 92660
SUBJECT: Rhine Channel Contaminated Sediment Cleanup
Dear Mr. Miller
Rhine Channel MND
July 27, 2010
Page 23
Jess A. Cal a%al, Oireolor
300 N. Flov r Street
Santa Ana, CA
P.O. Box 4048
Santa Ana CA 92702-4048
Telephone (714) 834-2300
Fax (714)834 -5188
NCL 10 -022
The County of Orange has reviewed the Mitigated Negative Declaration for the Rhine Channel
Contaminated Sediment Cleanup located in the City of Newport Beach and recommends the
following be addressed in the final Mitigated Negative Declaration (MND):
Page 45 indicates that during dredging behind silt curtains, monitoring of Total Suspended
Solids (TSS) and possibly Dissolved Oxygen (DO), salinity, pH, temperature and light
transmissivity would occur to determine if dissolved or suspended pollutants are getting past the
silt curtains. The MND continues noting many more parameters would be monitored as the
Regional Water Board deemed necessary. It seems that enough is known of the contamination
of Rhine Channel for this MND to make a more definitive statement on specifically what
!, monitoring will be necessary in connection with construction BMPs to reduce potential water
quality impacts to a level of insignificance.
If you have any questions, please contact Chris Uzo Diribe. at(714)667- 8845. -
Sincerely,
Michael Balsamo, . Manager
Land Use Planning
Rhine Channel MND
July 27, 2010
Page 24
California Regional Water Quality Control Board
Santa Ana Region
3737Maln Str", Suit 5W. Rivcnidb, Calif is 925013348
Lind. S. Adams Phouc (95 1) 7824130 - FAX (951) 781fi288• TUD(9 5 1) 782 -3221 Arnold Schwaruneggcr
Sea[mryjor ww.w.watrbaards.ca %ov /santazra Governo.
Environmenml Prorecrien
Sent via electronic mail and regular mail HARBOR RESOURCES DIV.
July 12, 2010 CITY OF NEWPORT BEACH
Mr. Chris Miller -
City of Newport Beach Harbor Resources Division RECD JUL 3300 Newport Boulevard 1
PO Box 1768
Newport Beach, CA 92658 -8915
DRAFT INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION, RHINE
CHANNEL CONTAMINATED SEDIMENT CLEANUP, CITY OF NEWPORT BEACH
Dear Mr, Miller
Staff of the Santa Ana Regional Water Quality Control Board (Regional Board) have
reviewed the Draft Mitigated Negative Declaration (MND) for the proposed Rhine Channel
Contaminated Sediment Cleanup Project ( "Project") to be located in specific locations of
Lower Newport Bay, The project involves dredging approximately 150,000 cubic yards of
contaminated sediments from the Rhine Channel and areas . bayward of Manna Park, the
American Legion, and 15" Street. Dredge . spoils will be transported via ocean barge for
beneficial reuse at the Port of Long Beach.
The final MND for the Project should incorporate the following . comments do adequately
discuss the protection of the water quality standards (water quality objectives and beneficial
uses) contained in the Water Quality Control Plan for the Santa Ana River Basin (Basin
Plan).
The 303(d) discussion on pg. viii should include that Section 303(d) is a Clean Water
Act (CWA) requirement applicable to waters that are not attaining water quality
standards, even after the installation of technology controls on point source
discharges. CWA Section 303(d) requires the identification of such waters, and the
establishment of total maximum daily loads (TMDLs) .. In 2006, the CWA Section
303(d) list of Water Quality Limited Segments requiring TMDLs included the Rhine
Channel due to the followingstressors: copper, lead, mercury, PCBs, sediment .
toxicity and zinc.
2. The statement on pg, viii that the Regional Board will issue a Cleanup and
Abatement Order to the Rhine Channel unless the city acts immediately is not
necessarily accurate and should be corrected. As noted in Comment #1,'CWA
Section 303(d) designation generally requires the development of a TMDL. TMDLs
....Mr.fhP Rhin Al hannM wArn oA fehricH. fit. v. fhn- rd4- CmeirnnmuMa6 O.nto.tir.n -A—"'
on June '14, 2002. While the USEPA TMDLs. do
California Gwironmental Protection.Ageocy
.a
RecyckdPacer
Rhine Channel MND
July 27, 2090
Page 25
Mr, Chris Miller -2- July 12, 2010
plans, they do require that the allocations and numeric targets be incorporated into
any permit issued for discharges to the Rhine Channel. In addition, under the
California Water Code, the Regional Water Board may apply a number of
administrative and enforcement options, including issuance of a Cleanup and
Abatement Order, which would require the improvement or restoration of the Rhine
Channel to a level that achieves water quality standards.
3. On pg. xx, the draft MND discusses the restoration of beneficial uses in the Rhine
Channel. The MND should include the full list of beneficial uses for Lower Newport
Bay, including the Rhine Channel, as listed in the Water Quality Control plan for the
Santa Ana River Basin (Basin Plan), that is, navigation; contact and non - contact
recreation; commercial and sportfishing; wildlife habitat; rare threatened or
endangered species; spawning, reproduction, and development; and shellfish
harvesting.
4. On pg. xx, the draft MIND states that one of the long-term benefits of the Project will
be the restoration of beneficial uses in the Rhine Channel. However, the
contaminated sediment that will be left adjacent to seawalls and piles and on private
.property may have short- and long -term water quality effects that will not be known
until adequate water quality data is collected from the locations. For that reason, the
accuracy of this statement will depend on the findings from post- dredging monitoring,
and should be qualified accordingly.
5. The discussion of TMDLs on pg. 43 is inaccurate and should be corrected. State
TMDLs adopted for the San Diego Creek and Newport Bay Watershed by the
Regional Board; and approved by the State Water Resources Control Board
(SWRCB),.California Office of Administrative Law and USEPA include sediment,
fecal coliform, diazinon, chlorpyrifos, and nutrients. USEPA established TMDLS.for
selenium, metals and organochlorine compounds in the San Diego Creek and
Newport Bay Watershed, and also the Rhine Channel TMDLs. Implementation of the
State TMDLs is currently underway. Board staff are working with the local
stakeholders and other agencies to develop and adopt State TMDLs for selenium,
organochlorine compounds, metals, and the Rhine Channel that will include
implementation plans..
6. CWA401 water quality certification orwaste discharge requirements will be issued
by the Regional Board or Board staff for the Project. An adequate monitoring
program will be incorporated as part of the certification conditions or waste discharge
requirements.
7. The final MND should include specific details. (and/or propose a plan) of requisite
monitoring to be conducted during dredge activities, and also pre- and post- dredging.
The monitoring should be comprehensive in evaluating water quality conditions
within, and proximate to, Project boundaries to demonstrate improvement(s).
Minimum parameters to be sampled in water, tissue, and sediment include dissolved
oxygen (00), turbidity, and the GWA Section 303(d) pollutants listed in Comment #1.
lurorma's clean Water Act Section 303(d) List SWRCB; to
)rt-term and long -term effects resulting from the Project.
CaUfornia iron mental Protection Agency
•v
AeryerMPeg,er
Rhine Channel MND
July 27,'2010
Page 26
Mr. Chris Miller -3- July 12, 2010
a. Pre - dredge monitoring should assess the baseline characteristics and
conditions of the project area..
b. The Basin Plan includes water quality objectives (WQOs) for dissolved oxygen
(DO) and turbidity. The Basin Plan has a full . discussion of the WQOs, the
requirements state:
i, DO should beat or above 5.0 mg /L or baseline conditions, whichever is
lower, at all times.
ii. Turbidity must be controlled to certain levels according to baseline
conditions:
Baseline
0 -50 NTU
50-100 NTU
Greater than 100 NTU
Maximum Increase
20%
10 NTU
10%
DO and turbidity should be monitored daily during dredging. To ensure that
water quality objectives are met at all times, the MND should specify the
additional best management practices that will be employed if any WQOs are
exceeded.
8. A Quality Assurance Project Plan (CAPP). and possibly a sampling and analysis plan
(SAP) will be required to be developed prior to the initiation of sampling. The
monitoring, program and sampling protocols should be SWAMP - compatible.
9. Pg. xv of the draft MND states that mechanical dredging will occur to a depth where
clean., uncontaminated material is found. This statement is unclear. The final MND
should specify the methodology and data the City will use to determine whether or
not the new surface layer is clean.
If you have any questions regarding our comments., please contact Brandt Outwin at (951)
321 -4585, boutwin @waterboards,ca.gov,
Sincerely,
Wanda Cross
Chief, Coastal Planning Section
cc: State Clearinghouse
U.S. Army Corps of Engineers, Los Angeles — Stephanie Hail
California Coastal Commission FernieSy
California Department of Fish and Game, Los Alamitos office. Erinn Wilson
U,S Fjsh apd.Wildiife Service,.Carlsbad - William Miller, -
California a iroamentalProtection Agency
Aeryc&dPope: